Rules bring in fees scale for environmental JRs
Ministers have signed regulations that will introduce a scale of fees for environmental judicial reviews.
The regulations, signed by Minister for Climate, Energy and the Environment Darragh O'Brien and Minister for Public Expenditure, Infrastructure, Public Services Reform and Digitalisation Jack Chambers, come into effect on Monday 18 May.
The rules, provided for in section 294 of the Planning and Development Act 2024, identify the type of judicial-review proceedings to which they apply and specify a scale of costs to be awarded to applicants, subject to judicial discretion for a successful applicant.
The Government argues that the current system, under which a public body is liable for the legal costs of the successful applicant if a judicial review is upheld, has brought about “unpredictable costs” for the taxpayer.
Access-to-justice concerns
The Law Society, however, has strongly opposed the measures on access-to-justice grounds.
It has argued that the scale of fees will prevent otherwise meritorious cases being brought where the applicant does not have the required substantial financial resources, and that a cap on fees will result in an unjust imbalance by putting the State in an advantageous position.
The Government has said that the regulations do not constrain the right of individuals or communities to challenge decisions.
‘Streamlined’ system
Minister O’Brien said that the measures introduced “manageable and predictable” legal costs and ensured “a streamlined system that balances environmental concerns with the greater public good”.
Minister Chambers added that the move would support the delivery of infrastructure – including projects that were needed to improve environmental outcomes.
After a public consultation on the proposed cost framework, changes introduced into the regulations include a different fee breakdown for standard, complex, and very complex cases, and a new section to reflect a fee structure where the case is broken down into several modules.