Jennifer Whitmore (Wicklow, Social Democrats)
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161. To ask the Minister for Communications, Climate Action and Environment if he will outline what is envisaged in terms of the proposed administrative scheme to deal with costs associated with initiating proceedings relating to non-compliance with national law relating to the environment; if the scheme will replace existing protective costs orders; if it will provide for public interest and multi-party actions; the planned timeframe for roll-out of the scheme; if the scheme will be informed by the current review of the civil legal aid scheme and stakeholder submissions to same; and if he will make a statement on the matter. [10870/23]

Eamon Ryan (Dublin Bay South, Green Party)
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The Draft Planning and Development Bill 2022, which is currently undergoing Pre-Legislative Scrutiny, contains a draft head on costs in relation to Judicial Review proceedings. This provision, while dealing specifically with judicial review cases under planning legislation, also addresses the Aarhus Convention and EU law obligations to ensure that access to justice in environmental matters is not prohibitively expensive and is predictable in relation to the likely costs to be incurred.

It provides for this in respect of protection for applicants from the costs of the respondent, in the case of an unsuccessful case, by requiring the court to make no order as to costs in any judicial review proceedings relating to non-compliance with national law, or the law of the European Union, relating to the environment. This reflects recent case law in relation to these matters.

Provision is also made in a draft head in the Bill for an administrative scheme to cover the costs of taking judicial review in environmental litigation. The draft head requires me as Minister for the Environment, Climate and Communications, or a body authorised to do so on my behalf, to establish this scheme, having consulted the Minister for Housing, Local Government and Heritage, the Minister for Justice, and with the consent of the Minister for Public Expenditure, NDP Delivery and Reform. I will be working closely with these colleagues and other stakeholders in the development of this Head as the Bill progresses.

Consultation with the Minister for Justice on the establishment of the scheme, will include, inter alia, consideration of the review of the Civil Legal Aid Scheme and the establishment of the Planning and Environment Court.