Author Archives: Neil van Dokkum

About Neil van Dokkum

Neil van Dokkum (B. SocSc; LLB; LLM; PGC Con.Lit) Neil is a law lecturer and has been so since arriving in Ireland from South Africa in 2002. Prior to that Neil worked in a leading firm of solicitors from 1987-1992, before being admitted as an Advocate of the Supreme Court of South Africa (a barrister) in 1992. He published three books in South Africa on employment law and unfair dismissal, as well as being published in numerous national and international peer-reviewed journals. Neil currently specialises in employment law, medical negligence law, family law and child protection law. He dabbles in EU law (procurement and energy). Neil retired from practice in 2002 to take up a full-time lecturing post. He has published three books since then, “Nursing Law for Irish Students (2005); “Evidence” (2007); and “Nursing Law for Students in Ireland” (2011). He is an accredited and practising mediator and is busy writing a book, with Dr Sinead Conneely, on Mediation in Ireland. His current interest is Ireland’s energy policy and its impact on the people and the environment. He is also researching the area of disability as a politico-economic construct. Neil is very happily married to Fiona, and they have two sons, Rory and Ian.

Reasons, and the reasons for giving Reasons.

This is a case report on the Supreme Court judgment of: Kathleen Connelly v. An Bord Pleanala (Clare County Council and McMahon Finn Wind Acquisitions Ltd – Notice Parties) Full judgment here: Kathleen Connolly v ABP Supreme Court . The Parties … Continue reading

Posted in An Bord Pleanala; appeal; interested parties, High Court; Judicial Review; Appeal on the merits; judicial discretion, Strategic Environmental Assessment (SEA); Grid 25; North-South Interconnector | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , | 3 Comments

Gratitude.

Originally posted on thegreenerdream:
It is the eve of our open garden weekend and there are still lots of things to tend to. There are floors to sweep, furniture to move, the café area to organize further and many other…

Posted in EirGrid; Insurance; Law; Cancer; EMF | Leave a comment

The Courts of Ireland – take 2

Many thanks indeed for the loads of helpful comments and suggestions to the first draft of a chapter I am writing which seeks to introduce the Irish legal system to people who know little or nothing about Irish law. I … Continue reading

Posted in Academic Research; Peer-Review Process; Medical Journals, EirGrid; Insurance; Law; Cancer; EMF, High Court; Judge Caroline Costello; John Callaghan; Leave to Appeal, High Court; Judicial Review; Appeal on the merits; judicial discretion, judicial review; Wednesbury Test; O'Keeffe; rationality; Separation of Powers, Law; High Court; Leave To Appeal; Environment, Legal Costs; Access to Justice; Courts, Peremptory law; Directory Law; Planning and Devlopment Act of 2000 | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment

Communities under threat

  This is the Press Release from WindAware Ireland concerning the critical situation in which the people of Ratheniska, County Laois, find themselves. Wind Aware Ireland Press Release One Small Laois Community to Blockade A Big Energy Company A small … Continue reading

Posted in Democracy; Ireland; Fine Gael; Labour; Sinn Fein; Workers; Constitution, EirGrid; Insurance; Law; Cancer; EMF, High Court; Judicial Review; Appeal on the merits; judicial discretion, judicial review; Wednesbury Test; O'Keeffe; rationality; Separation of Powers, lobbying; democracy; political process; general election, Planning and Development Act 2000; guidelines; directives; Sections 28 & 29, RTS Action Group; Ratheniska; Timahoe; Spink, Strategic Environmental Assessment (SEA); Grid 25; North-South Interconnector | Tagged , , , , , , , , , , , , , , , , , , , , , , , | 1 Comment

How do our courts work?

  The volume of work at my place of employment has caused me to neglect this blog, for which I apologise. Rather  than simply stopping  blogging, I thought I might combine work and blogging. The piece below is a very … Continue reading

Posted in Academic Research; Peer-Review Process; Medical Journals, An Bord Pleanala; appeal; interested parties, Apple; Google; Data Centre, Arsin Demir, Çalık Holding; Turkey; EU; renewables, Brexit, BSB Community Energy Ltd, Cloud; iCloud; Data Centre; Data Center, Comeragh Mountains; Declan McGrath, Democracy; Ireland; Fine Gael; Labour; Sinn Fein; Workers; Constitution, Dr Jennifer Kavanagh; Electoral Law in Ireland; elections; MEP; TD, Dr Sarah Laurie; Steve Cooper; Bob McMurtry; Alun Evans, EIA Directive 2014/52/EU, EirGrid; Insurance; Law; Cancer; EMF, Enercon, EU Renewable Energy 2020 Target, Framore Limited, Freedom of Information; Access to Environmental Information; AIE; Commissioner for Environmental Information, GDPR; Data Protection; Individual Rights, Green Party; Ireland; Eamonn Ryan; Cormac Manning, High Court; Judge Caroline Costello; John Callaghan; Leave to Appeal, High Court; Judicial Review; Appeal on the merits; judicial discretion, Irish Farmers Association; IFA; wind farm contracts, judicial review; Wednesbury Test; O'Keeffe; rationality; Separation of Powers, Justine McCarthy; The Sunday Times; EMF, Kilvinane Wind Farm Ltd; substituted consent, Law; High Court; Leave To Appeal; Environment, Legal Costs; Access to Justice; Courts, lobbying; democracy; political process; general election, Ministerial Responsibility; Liability; Negligence; cardiovascular, Ms Justice Costello; Section 37A Planning and Development Act 2000;, Nancy West, North-South Interconnector; An Bord Pleanala, NREAP; National Renewable Energy Action Plan; EU Commission; Aarhus Convention Compliance Committee; ACCC, Pat Swords, Paudie Coffey; series compensation; Fine Gael; Alan Kelly; Alex White, Peremptory law; Directory Law; Planning and Devlopment Act of 2000, Planning Permission; Extension; Planning and Development Act, Press Freedom, Public Participation in Decision-making and Access to Justice in Environmental Matters; Aarhus Convention; Aarhus Treaty, Refugees; Apartheid; Kulaks; Stalin;, RTS Action Group; Ratheniska; Timahoe; Spink, Rugby Union; ; Super Sub; CJ Stander; IRFU; Munster Rugby;, Section 35; ESB Act 1927; wayleave notice, South Africa, wind turbines, developing nations,, Strategic Environmental Assessment (SEA); Grid 25; North-South Interconnector, The Spokes of the Wheel; wind farms; Ireland; Windfall, The United Nations Economic Commission for Europe’s (UNECE) Convention on Access to Information, Turkey; ABK Çeşme RES Enerji Elektrik Üretim A.Ş, University Hospital Waterford, Val Martin, Wind Farm Contract, Wind Farm Guidelines, turbines, flicker, noise, distance, Denis Naughten, Wind Turbine Syndrome; Professor Alun Evans, Wind Turbines: Esen Fatma Kabadayi Whiting | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | 9 Comments

Does the GDPR protect the citizen?

  The GDPR – Data Subject Rights   The General Data Protection Regulation (the “GDPR”) will come into effect on 25 May 2018. As previously mentioned, the GDPR will be directly effective in each EU member state, with the aim … Continue reading

Posted in GDPR; Data Protection; Individual Rights | Tagged , , | Leave a comment

Who’s Afraid of the GDPR?

The GDPR – how will it affect us? I have been inundated with questions about the upcoming General Data Protection Regulation (GDPR). My default excuse of “I haven’t had time to look at it yet” was wearing a bit thin, … Continue reading

Posted in Apple; Google; Data Centre, Cloud; iCloud; Data Centre; Data Center, Freedom of Information; Access to Environmental Information; AIE; Commissioner for Environmental Information, lobbying; democracy; political process; general election, NREAP; National Renewable Energy Action Plan; EU Commission; Aarhus Convention Compliance Committee; ACCC, Press Freedom, Profiling; Data Collection; Information Algorithm. | Tagged , , , , , , , , , , , | 2 Comments

More Lies

  No matter where they are in the world, the wind industry try to sell us the same porky pies. And their paid politicians are only to happy to take their money. via Wind Industry Claims that ‘Coal is Dead’- … Continue reading

Posted in EirGrid; Insurance; Law; Cancer; EMF | Leave a comment

The End of the Road – for the CCDG

As readers of this blog are well aware, I have for a while now followed the longstanding dispute between the two Declans – Declan McGrath, well-known author and conservationist, and Declan Mulhearne, the Chairperson of the Comeragh Community Development Group … Continue reading

Posted in Comeragh Mountains; Declan McGrath, EirGrid; Insurance; Law; Cancer; EMF | Tagged , , , , , , , , , , | Leave a comment

Scandal! EirGrid in the Crosshairs.

  Ratheniska residents are claiming that they have exposed Eirgrid’s litany of failures and systematic corporate sharp practice.  The Ratheniska, Timahoe, Spink (RTS) Action Group, when briefing Minister Denis Naughten, made a number of extremely serious allegations, which they backed … Continue reading

Posted in EirGrid; Insurance; Law; Cancer; EMF, RTS Action Group; Ratheniska; Timahoe; Spink | Tagged , , , , , , , , , , , , , , , | 5 Comments

‘Windfarm has ruined my family’s life’

  Yet another distressed family has come forward to describe how a wind farm in Co. Wicklow has ‘ruined’ their lives.   Richard Hobson and his partner have two special needs children who are sensitive to noise and light. The family … Continue reading

Posted in Wind Farm Guidelines, turbines, flicker, noise, distance, Denis Naughten | Tagged , , , , , , , , , , , , , , , , , | 7 Comments

Lots of hot air, but still no cost-benefit analysis

Wind Aware Ireland Press Release Minister Naughten has been accused of talking  ‘gobbledygook’ on wind energy by a top economist. Minister Naughten’s take on wind energy in Ireland has been described as “gobbledygook verging on baby talk.” by top economist … Continue reading

Posted in EU Renewable Energy 2020 Target, Green Party; Ireland; Eamonn Ryan; Cormac Manning | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , | 4 Comments

Plus ça change, plus c’est la même chose

An interesting commentary from Pat Swords on the North-South Interconnector: “Some thoughts and facts about the Ireland of today with further confirmation that we don’t live in anything that even remotely approaches a Democracy. Still one gives it a ‘poke’ … Continue reading

Posted in An Bord Pleanala; appeal; interested parties, Democracy; Ireland; Fine Gael; Labour; Sinn Fein; Workers; Constitution, EIA Directive 2014/52/EU, EirGrid; Insurance; Law; Cancer; EMF, EU Renewable Energy 2020 Target | Tagged , , , , , , , , , , | 1 Comment

A Solar Roof?

I found this on Bloomberg.   I would be interested to read peoples’ comments.     “Tesla Inc. has kicked off production of its long-awaited electricity-producing shingles that Elon Musk says will transform the rooftop solar industry. Manufacturing of the … Continue reading

Posted in Academic Research; Peer-Review Process; Medical Journals, EU Renewable Energy 2020 Target | Tagged , , , , , , , , , , , , , , , , | 7 Comments

Corporate Energy Control is the big problem

If each household was an energy neutral entity, would that not be far more desirable than ramping up the grid and building massive wind farms all over the country? It seems logical, but of course that would mean an end … Continue reading

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Germany’s ‘Green’ Energy Myth Busted: Landscapes Trashed, Countless Birds & Bats Slaughtered

Originally posted on STOP THESE THINGS:
Wind and sun worshipping eco-zealots don’t hold a monopoly on hypocrisy, but come very close. As nasty as they are sanctimonious, the more active and vociferous members of the wind cult have no difficulty…

Posted in EirGrid; Insurance; Law; Cancer; EMF | Leave a comment

Autism: how do you explain …

Originally posted on From the Inside:
Today I came across some notes I had written a couple of years ago, when Ian was due to spend two weeks with some people who didn’t know him.  Perhaps this would be a…

Posted in EirGrid; Insurance; Law; Cancer; EMF | Leave a comment

Unjustified spending and rampant price increases in costs of electricity

Originally posted on The Law is my Oyster:
? Wind Aware Ireland have launched their new report “The Costs of Wind Energy in Ireland”. This report may precipitate the latest scandal in public spending. REPORT: The Costs of Wind Energy in…

Posted in EirGrid; Insurance; Law; Cancer; EMF | 2 Comments

Unjustified spending and rampant price increases in costs of electricity

  Wind Aware Ireland have launched their new report “The Costs of Wind Energy in Ireland”. This report may precipitate the latest scandal in public spending. REPORT: The Costs of Wind Energy in Ireland The report shows that the Irish State … Continue reading

Posted in Democracy; Ireland; Fine Gael; Labour; Sinn Fein; Workers; Constitution, EirGrid; Insurance; Law; Cancer; EMF, EU Renewable Energy 2020 Target, Green Party; Ireland; Eamonn Ryan; Cormac Manning, NREAP; National Renewable Energy Action Plan; EU Commission; Aarhus Convention Compliance Committee; ACCC, Strategic Environmental Assessment (SEA); Grid 25; North-South Interconnector, Wind Farm Contract, Wind Farm Guidelines, turbines, flicker, noise, distance, Denis Naughten, Wind Turbine Syndrome; Professor Alun Evans, Wind Turbines: Esen Fatma Kabadayi Whiting | Tagged , , , , , , , , , , | 2 Comments

Think, dammit, THINK!

  “If we are uncritical, we shall always find what we want: we shall look for, and find, confirmations; and we shall look away from, and not see, whatever might be dangerous to our pet theories.” (Karl Popper) in this … Continue reading

Posted in Academic Research; Peer-Review Process; Medical Journals, Brexit, Cloud; iCloud; Data Centre; Data Center, EirGrid; Insurance; Law; Cancer; EMF | Tagged , , , , , , , , , , , , , , , , , , , , , | 9 Comments