Tag Archives: Ireland

“obscurum per obscurius”

(“the obscure by the more obscure”)   If “bullshit” was a proper legal concept, it would have been used liberally in the latest Supreme Court judgment, and one can only imagine that the actual word was used in discussions between … Continue reading

Posted in Democracy; Ireland; Fine Gael; Labour; Sinn Fein; Workers; Constitution, EIA Directive 2014/52/EU, EU Renewable Energy 2020 Target, Green Party; Ireland; Eamonn Ryan; Cormac Manning, lobbying; democracy; political process; general election, NREAP; National Renewable Energy Action Plan; EU Commission; Aarhus Convention Compliance Committee; ACCC, 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 , , , , , , , , | 1 Comment

Forcing the ‘Custodians of the Planning Process’ to do their job.

Many readers will be surprised to know that Irish planning law does have enforcement procedures. They will be even more surprised to know that the bodies designated to perform this enforcement function are the Councils. This is due to the … Continue reading

Posted in An Bord Pleanala; appeal; interested parties, lobbying; democracy; political process; general election, Planning and Development Act 2000; guidelines; directives; Sections 28 & 29, Planning Permission; Extension; Planning and Development Act | Tagged , , , , | Leave a comment

Adios to Substituted Consent. At last.

Peter Sweetman What is substituted consent? Substituted consent is a form of retention permission, whereby a person can obtain planning permission for a building or development  after that building has already been erected. It has a long and colourful history … Continue reading

Posted in An Bord Pleanala; appeal; interested parties, EIA Directive 2014/52/EU, Freedom of Information; Access to Environmental Information; AIE; Commissioner for Environmental Information, Green Party; Ireland; Eamonn Ryan; Cormac Manning, judicial review; Wednesbury Test; O'Keeffe; rationality; Separation of Powers, Kilvinane Wind Farm Ltd; substituted consent, NREAP; National Renewable Energy Action Plan; EU Commission; Aarhus Convention Compliance Committee; ACCC, 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 | Tagged , , | 6 Comments

Oh, what a lovely scam!

  This is a very interesting piece from National Wind Watch which in turn was gleaned from an article in the Sunday Times. Considering the number of new applications for wind farms happening all over the country, I wonder how … Continue reading

Posted in EU Renewable Energy 2020 Target, Planning Permission; Extension; Planning and Development Act, Wind Farm Guidelines, turbines, flicker, noise, distance, Denis Naughten | Tagged , , , , , , , , , , , , , , , , , , , , | 4 Comments

A time for Family

As we enter this festive season of which the primary focus should be family, I paused to consider the destructive impact that renewable energy legislation has had on so many families in this country, particularly those families living in the … Continue reading

Posted in EirGrid; Insurance; Law; Cancer; EMF, EU Renewable Energy 2020 Target, Peremptory law; Directory Law; Planning and Devlopment Act of 2000 | Tagged , , , , , | 3 Comments

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

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

QED

Renewables Threaten German Economy & Energy Supply, McKinsey Warns In New Report Michael Shellenberger  Energy I write about energy and the environment. To stabilize the electricity grid and avoid becoming too dependent on imported natural gas, Germany is expanding coal … Continue reading

Posted in Academic Research; Peer-Review Process; Medical Journals, An Bord Pleanala; appeal; interested parties, Çalık Holding; Turkey; EU; renewables, Democracy; Ireland; Fine Gael; Labour; Sinn Fein; Workers; Constitution, Dr Sarah Laurie; Steve Cooper; Bob McMurtry; Alun Evans, EU Renewable Energy 2020 Target, Freedom of Information; Access to Environmental Information; AIE; Commissioner for Environmental Information, GDPR; Data Protection; Individual Rights, Green Party; Ireland; Eamonn Ryan; Cormac Manning, Irish Farmers Association; IFA; wind farm contracts, Kilvinane Wind Farm Ltd; substituted consent, Planning and Development Act 2000; guidelines; directives; Sections 28 & 29 | Tagged , , , , , , , , , , , , | 1 Comment

Ireland in trouble with Aarhus – again

Many thanks to Wind Aware Ireland for this very informative update: Updates. 30th August, 2019 A panel of legal experts has found that Irish planning law is non-compliant with requirements under an international convention to allow the public to participate … Continue reading

Posted in Democracy; Ireland; Fine Gael; Labour; Sinn Fein; Workers; Constitution, EU Renewable Energy 2020 Target, Freedom of Information; Access to Environmental Information; AIE; Commissioner for Environmental Information, judicial review; Wednesbury Test; O'Keeffe; rationality; Separation of Powers, NREAP; National Renewable Energy Action Plan; EU Commission; Aarhus Convention Compliance Committee; ACCC, 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 , , , , | 3 Comments

The final stages of capitalism

In Das Kapital, (my translation) Marx describes the final stages of capitalism, literally along the lines of ‘capitalism will eat itself’:   “The final stages of capitalism will be marked by global capital being unable to expand and generate profits … Continue reading

Posted in Academic Research; Peer-Review Process; Medical Journals, An Bord Pleanala; appeal; interested parties, Apple; Google; Data Centre, Brexit, Cloud; iCloud; Data Centre; Data Center, Democracy; Ireland; Fine Gael; Labour; Sinn Fein; Workers; Constitution, Easter Uprising, 1916 Revolution, Independence, IRA., lobbying; democracy; political process; general election, Ministerial Responsibility; Liability; Negligence; cardiovascular, NREAP; National Renewable Energy Action Plan; EU Commission; Aarhus Convention Compliance Committee; ACCC, Press Freedom, University Hospital Waterford | Tagged , , , , , , , , | Leave a comment

Plain English please!

“It is important to remember why our statutes should be framed in such a way as to be clearly comprehensible to those affected by them. It is an aspect of the Rule of Law. People who live under the Rule … Continue reading

Posted in Democracy; Ireland; Fine Gael; Labour; Sinn Fein; Workers; Constitution, lobbying; democracy; political process; general election | Tagged , | 3 Comments

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 , , , , , , , , , , , , , , , , , , , , , , , , , , | 7 Comments

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

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