Dáil Éireann Debate, Tuesday - 27 January 2026
241. Deputy Gary Gannon asked the Minister for Climate, Energy and the Environment the consultation responses received in relation to the draft regulations on costs under section 294 of the Planning and Development Act 2024; the number of submissions that raised concerns regarding compliance with EU law and the Aarhus convention; whether the proposals will be revised in light of those submissions; and if he will make a statement on the matter. [5599/26]
View answerThe proposal for a scale of fees for certain successful environmental judicial review should be seen within the context of the wider work being undertaken by the Government to improve infrastructure delivery. The measure is intended solely to bring greater predictability and proportionality to the costs incurred by the State in defending such proceedings.
The proposal itself relates to secondary legislation necessary to implement a provision in primary legislation, as passed by the Oireachtas in the Planning and Development Act, 2024. The provisions of the Act are designed to meet the “adequate and effective remedies and be fair, equitable, timely and not prohibitively expensive” requirements of the Aarhus Convention.
It is an important that such initiatives are prepared and brought forward in a transparent and inclusive way. The public consultation ran for six weeks, resulting in a very strong response of more than 1,400 submissions. The large volume of submissions received indicates both the public interest in the proposal and the inclusiveness of the consultation process.
Given the number of submissions received, all of which will be given due consideration, I am not in a position at this point to indicate the numbers of submissions that supported, partially supported or opposed the proposed approach. It is my intention to publish a report on the consultation and to publish all submissions received on the Gov.ie website with personal information redacted.
