EU chief defends right of environmentalists to take legal challenges

Member states ‘should not succumb to the temptation to reverse such a positive trend’

The European Commission believes access to justice has an important role to play in implementation of the bloc’s new green deal agenda.
The European Commission believes access to justice has an important role to play in implementation of the bloc’s new green deal agenda.

Any attempt to reduce the rights of environmental groups to bring legal actions in Ireland would run contrary to the EU's position in supporting public participation and access to justice, according to EU Commissioner for the Environment Virginijus Sinkeviius.

The Government has indicated it plans to speed up the planning process and make it more difficult for legal challenges to halt housing and other developments.

Mr Sinkeviius said he would not not comment on any particular proposals but it was important to underline access to justice had an important role to play in the implementation of the new European green deal. Member states "should not succumb to the temptation to reverse such a positive trend", he said, adding non-governmental organisations played an important role backed by EU law and the Aarhus Convention.

Mr Sinkeviius was addressing a webinar on Monday jointly hosted by the Institute of International and European Affairs and the Environmental Protection Agency.

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The commissioner expressed concerns about the state of drained peatlands in Ireland, including raised bogs, and the continuing decline of farmland bird species in the country.

Mr Sinkeviius said agricultural schemes had mixed results. While the Burren model was “designed for success”, it had limited coverage, he said.

He also raised the issue of lack of monitoring and enforcement, with those who commit wildlife crimes seldom brought to justice. This was a problem beyond Ireland, which was why the commission was moving to strengthen the EU environmental crime directive.

The EGD was not just a climate plan, he said. It had big implications for energy, agriculture, waste, water and air quality and was backed by enhanced environmental governance.

Worrying ‘decline in biodiversity’

He identified the risk to ecosystems which had been healthy for millions of years, but human activity is leading to “a dramatic decline in biodiversity” and species loss. This was evident in relation to agriculture pressures in Ireland, said Mr Sinkeviius.

“If you want healthy and productive agriculture, you need healthy ecosystems,” he added, while land also had a vital role to play in storing carbon.

Ecosystems need to be restored by 2030 with legally binding targets, he said. Moreover, the food system needed to be carbon neutral or positive by extraction carbon, where farmers’ role in supply chains is strengthened. This would make countries more resilient to shocks, including pandemics, he believed.

Mr Sinkeviius emphasised the sound economic sense of pursuing nature and soil restoration – and the merits in improving diversity of forestry.

On carbon capture and storage options, he said there was a focus on technologies but people forget how taking better care of nature can play a big role.

Kevin O'Sullivan

Kevin O'Sullivan

Kevin O'Sullivan is Environment and Science Editor and former editor of The Irish Times