Peter Burke (Longford-Westmeath, Fine Gael)
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635. To ask the Minister for Housing, Planning, and Local Government the support available under the Environment (Miscellaneous Provisions) Act 2011 to fund a defence for a named party in a judicial review in relation to section 261A of the Planning and Development Act 2010; and if he will make a statement on the matter. [49268/17]

Eoghan Murphy (Dublin Bay South, Fine Gael)
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There is no provision in the Environment (Miscellaneous Provisions) Act 2011 to fund a party's legal costs in a judicial review. However, Part 2 of the Act makes an exception to the general rule that costs follow the event, by providing in section 3 that, in general and regardless of the outcome of proceedings, all parties must pay their own costs in civil proceedings to which section 4 of the Act applies.

Section 3 also provides that the Court may determine that the costs of a successful applicant in such proceedings must be borne by one or more than one other party to the case in particular circumstances. It is also provided that the Court may award costs against a party in such proceedings in specified circumstances. Furthermore, section 3(4) provides that, notwithstanding these provisions, the Court may award costs in favour of a party in a matter of exceptional public importance and where, in the special circumstances of the case, it is in the interests of justice to do so.

Section 4(1) of the 2011 Act applies section 3 to civil proceedings - other than proceedings specified in section 4(3) - instituted by a person in respect of a failure to comply with, or enforce, a statutory requirement or condition or other requirement attached to a consent specified in subsection (4), where such failure is the cause of, or is likely to cause, damage to the environment. One of the consents specified in section 4(4) is a permission or approval granted pursuant to the Planning and Development Act 2000.

Under section 7 of the 2011 Act, a party to proceedings specified in section 4(4) may, at any time before or during the proceedings, apply to the Court for a determination that the cost rules in section 3 apply to those proceedings. The enactment also provides that, before the commencement of such proceedings or at any other time, the parties may agree that the cost rules in section 3 apply to those proceedings.

Section 50B of the Planning and Development Act 2000, as amended, applies the cost rules in section 3 of the 2011 Act to judicial review proceedings in respect of a decision made, action taken or failure to take action pursuant to legislation giving effect to EU Directives on strategic environmental assessment (SEA), environmental impact assessment (EIA), and integrated pollution prevention and control (IPPC).