Joe Noonan Profile picture
Nov 10 7 tweets 4 min read
SCt: Combined effect of Arts 9(2), (3) & (4) #Aarhus is that states must ensure that proceedings in which decisions granting development consent are challenged for non-compliance with national law relating to the environment are not prohibitively expensive
courts.ie/acc/alfresco/6…
Heather Hill Image
#Aarhus 'provides a powerful confirmation of the text of s.50B, and a strong counterpoint against arguments of context or purpose.'
- Murray J at par. 219
#SupremeCourt #AccessToJustice #RuleOfLaw #Environment #Law #AarhusConvention @EnvJusticeUCC @UNECEAarhus
"213. The conclusion I have reached is that s.50B means precisely what it says. [...]".

#StatutoryInterpretation
It is very good to have this clarification from the Supreme Court, agreeing w. Simons J. in the High Court, on the scope of protection given to people bringing environmental cases, against possible financial ruin.
Our Courts need to be accessible to all, not just the rich.
Unanimous decision of the five judge Court. #HeatherHill
irishexaminer.com/news/courtandc…
212. The [..] construction urged by the Board and State would produce the real risk of the substantive issues in environmental litigation becoming satellites to endless, expensive and time consuming battles around discrete issues of characterisation and further references to CJEU

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More from @NoonanJoe

Nov 11
Breaking: Ratification of CETA unconstitutional. Supreme Court.
Patrick Costello TD succeeds in a hugely significant vindication of citizens' rights and their place in the constitutional architecture of Ireland.

The court judgments will need close reading. There may be a legislative path to legitimate ratification, avoiding a referendum.
The seven judgments will appear on Courts.ie shortly - link courts.ie/judgments
Read 6 tweets
Jul 13
WWN: The government celebrated its confidence vote win by ramming through a planning bill which every single interested party that isn’t a money grabbing developer has labeled ‘a disaster’. @WhisperNewsLTD
waterfordwhispersnews.com/2022/07/13/gov…
WWN smashes embargo😂
The vote doesn't happen until after debate that begins this evening at 7.09pm & ends around half nine.
The government hammered through the suspension of standing orders earlier today - a move needed because the late changes are o/s the scope of the Bill.
Watch this morning's episode unfold in our real time thread - almost as good as Being There and with echoes of Stranger Things

Read 8 tweets
Jul 13
Haven’t we had enough planning scandals?
irishexaminer.com/opinion/commen…
‘It is difficult to escape the conclusion that the amendments are being rushed through to avoid controversy, negative media coverage, and the requirement to actually explain what is at issue.”
- @Mickcliff

‘Again.’
- Me
“On Thurs. evening opposition politicians were given details of 48 pages to be added to a 20-page planning bill.
2.5 hours have been set aside on Wednesday to debate these along with amendments from the original bill. It will be impossible for proper Dáil scrutiny to be applied.’
Read 87 tweets
Jul 11
New from Orwell Rd:

It’s Ireland’s fault the Russian Federation is waging war on Ukraine. Image
Read 4 tweets
Jul 11
People are not entitled to suddenly open doors without checking - Judge
#driving #MobilePhone #cycling #harming irishtimes.com/crime-law/cour…
This happened near Memorial Park, Islandbridge, Dublin.

The van driver’s door suddenly opened in the path of the man travelling by bike.

The injured man said the driver had been on his phone while seated in the van as he heard him speaking on it just as the door opened.
He was catapulted across the road. The driver had come over to him and said: “I didn’t see you. Are you okay?”

#SMIDSY #InattentionalBlindness
Read 8 tweets
Jul 11
Keith Earls will captain Ireland in the game against Aotearoa NZ Maori tomorrow. This man endures and inspires.
From 2009 - @KEITHEARLS87 #IREvNZ
#Maori @IrishRugby
@MRSC16
youtube.com/shorts/qOw2mlS…
Read 4 tweets

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