Category Archives: Pat Swords

How Authorisation Procedures for Wind Farms are Illegally Discriminating Against Other Sources of Renewable Energy

Posted on December 7, 2019 by Neil van Dokkum

An interesting article from Pat Swords:     1.1   Background There is now in 2019 approximately 3,700 MW of wind energy installed in the Republic of Ireland with an additional 1,300 MW installed in N. Ireland. As can be … Continue reading →

Posted in EU Renewable Energy 2020 Target, NREAP; National Renewable Energy Action Plan; EU Commission; Aarhus Convention Compliance Committee; ACCC, Pat Swords | Tagged , , , , , , , , | 2 Comments

How do our courts work?

Posted on June 17, 2018 by Neil van Dokkum

  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 →

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Access to Justice?

Posted on October 16, 2017 by Neil van Dokkum

The Aarhus Compliance Committee has interpreted Article 9 (3) of the Convention to mean that the public must have access to adequate judicial mechanisms in the event of acts and omissions in contravention of environmental law and, secondly, to provide … Continue reading →

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Suing Windfarms for Nuisance

Posted on April 25, 2017 by Neil van Dokkum

Once again the Aussies take the lead. This is a DIY kit on how to sue windfarms in Aussie, including examples of Particulars of Claim. Clearly these must be changed to reflect Irish law and practice, but it is a … Continue reading →

Posted in BSB Community Energy Ltd, Democracy; Ireland; Fine Gael; Labour; Sinn Fein; Workers; Constitution, Dr Sarah Laurie; Steve Cooper; Bob McMurtry; Alun Evans, EIA Directive 2014/52/EU, EirGrid; Insurance; Law; Cancer; EMF, EU Renewable Energy 2020 Target, Framore Limited, High Court; Judge Caroline Costello; John Callaghan; Leave to Appeal, Irish Farmers Association; IFA; wind farm contracts, Kilvinane Wind Farm Ltd; substituted consent, Law; High Court; Leave To Appeal; Environment, Legal Costs; Access to Justice; Courts, 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 and Development Act 2000; guidelines; directives; Sections 28 & 29, Planning Permission; Extension; Planning and Development Act, 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 , , , , , , , , , , , , , , , | 1 Comment

So you say you wanna Revolution?

Posted on April 16, 2017 by Neil van Dokkum

“You say you want a revolution Well, you know We all want to change the world You tell me that it’s evolution Well, you know We all want to change the world   …   You say you’ll change the … Continue reading →

Posted in An Bord Pleanala; appeal; interested parties, Democracy; Ireland; Fine Gael; Labour; Sinn Fein; Workers; Constitution, Easter Uprising, 1916 Revolution, Independence, IRA., Freedom of Information; Access to Environmental Information; AIE; Commissioner for Environmental Information, lobbying; democracy; political process; general election, Pat Swords, Planning and Development Act 2000; guidelines; directives; Sections 28 & 29, Press Freedom, Public Participation in Decision-making and Access to Justice in Environmental Matters; Aarhus Convention; Aarhus Treaty | Tagged , , , , , , , , , , , , | 3 Comments

Have Your Say! Revision of Wind Energy Development Guidelines 2006

Posted on February 12, 2017 by Neil van Dokkum

That excellent web site Concerned About Wind Turbines – Donegal  (CAWT) has put important and previously cunningly concealed information into the public domain by an AIE request to our old friends, the Department of Communications, Climate Action and Environment. Despite … Continue reading →

Posted in An Bord Pleanala; appeal; interested parties, BSB Community Energy Ltd, Democracy; Ireland; Fine Gael; Labour; Sinn Fein; Workers; Constitution, Dr Sarah Laurie; Steve Cooper; Bob McMurtry; Alun Evans, EIA Directive 2014/52/EU, EU Renewable Energy 2020 Target, Framore Limited, Freedom of Information; Access to Environmental Information; AIE; Commissioner for Environmental Information, Green Party; Ireland; Eamonn Ryan; Cormac Manning, Irish Farmers Association; IFA; wind farm contracts, Kilvinane Wind Farm Ltd; substituted consent, Ministerial Responsibility; Liability; Negligence; cardiovascular, Pat Swords, Peremptory law; Directory Law; Planning and Devlopment Act of 2000, Planning and Development Act 2000; guidelines; directives; Sections 28 & 29, Planning Permission; Extension; Planning and Development Act, Public Participation in Decision-making and Access to Justice in Environmental Matters; Aarhus Convention; Aarhus Treaty, 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, Wind Farm Guidelines, turbines, flicker, noise, distance, Denis Naughten, Wind Turbine Syndrome; Professor Alun Evans, Wind Turbines: Esen Fatma Kabadayi Whiting | Tagged , , , , , , , , , | 7 Comments

Clueless!

Posted on November 29, 2016 by Neil van Dokkum

Irish rural communities have been opposing wind farms, and pylons before that, for the better part of a decade. This has involved community groups gathering funds through church collections, cake sales, and the like. There are numerous tales of hardship … Continue reading →

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When the Boot is on the other Foot

Posted on November 24, 2016 by Neil van Dokkum

    Section 50 of the Planning and Development Act of 2000 (PDA 2000) is possibly one of the most unpopular sections when it comes to community organisations who battle big business, particularly wind farm developers. This is due to … Continue reading →

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How the Council Spends Our Money — Citizens Against Corruption

Posted on November 21, 2016 by Neil van Dokkum

Congratulations to the Four Angry Ladies on starting this site, and asking questions that most are too scared to ask. I would ask two more: The link between the Comeragh Community Development Group and BSB Energy has already been established. … Continue reading →

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Facts and Figures

Posted on November 16, 2016 by Neil van Dokkum

  My blog yesterday aroused a huge amount of interest. People expressed shock and surprise at the news that a company cannot be forced to declare a dividend. It is not always fun being the bearer of bad news but … Continue reading →

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The Public Meeting in Rainbow Hall

Posted on November 15, 2016 by Neil van Dokkum

The turnout at last night’s meeting in Rainbow Hall was huge – well over five hundred people (and we have signed lists to prove that, RTE News). The meeting ended with a very resounding, and unanimous, rejection of the proposed … Continue reading →

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Please Save the Copper Coast!

Posted on November 14, 2016 by Neil van Dokkum

The Copper Coast in County Waterford, Ireland is a UNESCO World Heritage Site of breathtaking natural beauty. It is hard to imagine that anybody would want to build an industrial wind farm right in the middle of it, but apparently … Continue reading →

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Enough Already!!!

Posted on November 13, 2016 by Neil van Dokkum

  A certain individual has been going around my community spreading particularly malicious rumours about me. For a while it was a pathetic joke, but it has to stop now.   One of the malicious lies being spread by this … Continue reading →

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Pat Swords vs Minister for Communications,Energy and Natural Resources & Attorney-General

Posted on August 15, 2016 by Neil van Dokkum

  After a year of waiting, the judgment is finally out, and it does not make for pretty reading. The learned judge found against Pat in his condonation for delay application, and failed to rule on the protective costs application. … Continue reading →

Posted in EIA Directive 2014/52/EU, EU Renewable Energy 2020 Target, judicial review; Wednesbury Test; O'Keeffe; rationality; Separation of Powers, Legal Costs; Access to Justice; Courts, Pat Swords, Public Participation in Decision-making and Access to Justice in Environmental Matters; Aarhus Convention; Aarhus Treaty | Tagged , | 9 Comments

Report on Communication ACCC/C/2014/112 regarding complaint of non-compliance against Ireland

Posted on June 28, 2016 by Neil van Dokkum

  The first session involved the opening statements.  These are delivered in writing to the Aarhus Convention Compliance Committee (ACCC) beforehand, which allows a speaker from both sides to paraphrase and highlight the main points underpinning the Communication and the … Continue reading →

Posted in An Bord Pleanala; appeal; interested parties, EU Renewable Energy 2020 Target, Freedom of Information; Access to Environmental Information; AIE; Commissioner for Environmental Information, Legal Costs; Access to Justice; Courts, NREAP; National Renewable Energy Action Plan; EU Commission; Aarhus Convention Compliance Committee; ACCC, Pat Swords, Planning and Development Act 2000; guidelines; directives; Sections 28 & 29, Public Participation in Decision-making and Access to Justice in Environmental Matters; Aarhus Convention; Aarhus Treaty | Tagged , , , , , , | 4 Comments

Match Report

Posted on June 26, 2016 by Neil van Dokkum

  The Captain’s warm-up had gone well and so we arrived at the beautiful but enormous Palace of Nations in Geneva with the usual pre-match jitters, but with Pat Swords charging ahead and us in his wake, we found our … Continue reading →

Posted in EIA Directive 2014/52/EU, EU Renewable Energy 2020 Target, NREAP; National Renewable Energy Action Plan; EU Commission; Aarhus Convention Compliance Committee; ACCC, Pat Swords, Planning and Development Act 2000; guidelines; directives; Sections 28 & 29, Public Participation in Decision-making and Access to Justice in Environmental Matters; Aarhus Convention; Aarhus Treaty, The United Nations Economic Commission for Europe’s (UNECE) Convention on Access to Information | Tagged , , | 4 Comments

Ready, Steady, …

Posted on June 23, 2016 by Neil van Dokkum

  . We are finally here in Geneva. I am accompanied by Pat Swords and David Malone, and we are ready to do battle tomorrow with the government lawyers in front of the Aarhus Compliance Committee, which is a United … Continue reading →

Posted in An Bord Pleanala; appeal; interested parties, EIA Directive 2014/52/EU, EU Renewable Energy 2020 Target, Freedom of Information; Access to Environmental Information; AIE; Commissioner for Environmental Information, NREAP; National Renewable Energy Action Plan; EU Commission; Aarhus Convention Compliance Committee; ACCC, Pat Swords, Planning and Development Act 2000; guidelines; directives; Sections 28 & 29 | Tagged , | 4 Comments

It’s official – nothing is happening at the High Court!

Posted on June 18, 2016 by Neil van Dokkum

Readers were enraged at the contents of a previous blog on the inexplicable lack of activity on the part of the High Court in the case of Swords v Minister for Communications, Energy and Natural Resources. Conspiracy theories came thick … Continue reading →

Posted in EU Renewable Energy 2020 Target, Freedom of Information; Access to Environmental Information; AIE; Commissioner for Environmental Information, High Court; Judicial Review; Appeal on the merits; judicial discretion, NREAP; National Renewable Energy Action Plan; EU Commission; Aarhus Convention Compliance Committee; ACCC, Pat Swords, The United Nations Economic Commission for Europe’s (UNECE) Convention on Access to Information | Tagged , , , | 5 Comments