Conway -v- Ireland, the Attorney General & ors [2017] IESC 13 (24 February 2017)

Conway -v- Ireland, the Attorney General & ors [2017] IESC 13 (24 February 2017)

The applicant is not entitled to an order for legal aid because neither the Aarhus Convention nor the relevant EU directives are engaged on the facts of this case. The claim does not fall within the scope of environmental law as defined by those instruments, and there is no directly effective right to legal aid in these circumstances. The issues of legal aid in environmental cases should not be determined in a case where the international and EU law obligations are not applicable.

Citation
[2017] IESC 13
Parties
Applicant/appellant: John Conway; Respondent: Ireland; Respondent: The Attorney General; Respondent: The National Roads Authority
Jurisdiction
Ireland
Judgment Date
24 February 2017
Procedural Posture
Appeal / Supreme Court Motion for Legal Aid Pending Appeal
Outcome
Motion dismissed
Legal Topics
Aarhus Convention, Legal Aid, Access to Justice, EU Directives, Environmental Litigation, Judicial Review, Costs in Litigation
Constitutional Law European Union Law Environmental Law Administrative Law Aarhus Convention Legal Aid Access to Justice EU Directives +3 more

Case Brief

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Parties

John Conway

Applicant/appellant

Ireland

Respondent

The Attorney General

Respondent

The National Roads Authority

Respondent

Procedural Posture

Appeal / Supreme Court Motion for Legal Aid Pending Appeal

Legal Issues

  1. 1 Whether the Aarhus Convention or EU Public Participation Directives require the State to provide legal aid for environmental appeals
  2. 2 Whether the applicant's claim falls within the scope of environmental law as defined by the Aarhus Convention or EU law
  3. 3 Whether there is a directly effective right to legal aid in environmental cases under Irish or EU law

Ratio Decidendi

The applicant is not entitled to an order for legal aid because neither the Aarhus Convention nor the relevant EU directives are engaged on the facts of this case. The claim does not fall within the scope of environmental law as defined by those instruments, and there is no directly effective right to legal aid in these circumstances. The issues of legal aid in environmental cases should not be determined in a case where the international and EU law obligations are not applicable.

Court Disposition

Motion dismissed

Orders

  • Application for legal aid refused
  • No order as to costs specified in this judgment