Celebrating and reflecting on the Aarhus Convention on the 20 th anniversary of its adoption

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1 3 rd ELIG Environmental Law Seminar Celebrating and reflecting on the Aarhus Convention on the 20 th anniversary of its adoption When and Where: July 14 th 2018, 10am 5:15pm The Honourable Society of King s Inns, Henrietta St, Inns Quay, Dublin 1. Programme Version: Revised Final 2.0

2 Overview: This year marks the 20th Anniversary of the adoption of the UNECE Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters the Aarhus Convention. It was adopted on 25th June It is now also six years since Ireland ratified the Convention on June 20, To mark this, our seminar this year will reflect upon aspects of the Convention, and some future challenges, and in particular its implementation and effects in Ireland. While addressing all three pillars of the Convention, there will be a particular focus on Access to Justice. We are honoured to have the Hon Mr. Justice Frank Clarke, Chief Justice and also Dr Áine Ryall, UCC School of Law and Vice Chair of the Compliance Committee of the Aarhus Convention as chairs, and speakers and chairs from the European Commission, the legal profession and the engo community. The law seminar will conclude with a small drinks reception, and an opportunity to engage up close and personal with native birds of prey, silent witnesses to the actual purpose of environmental law. We would be delighted for your families to join us for this part of the day, or in the afternoon to make up for stealing you on a Saturday and to celebrate the environment a little! However please ensure you attracta@ien.ie to secure a pass if they would like to come along as we have to plan for numbers carefully. This display of native birds is intended to give some wings literally to the observation of Advocate General Sharpston: "The fish cannot go to Court." In short, the environment cannot protect itself if it is threatened or harmed, it has no voice. It is a public good to be supported by public voice. In that each of us has a responsibility and that is the focus of this seminar through the addresses, engagements and the selection of the audience of environmental decision makers, adjudicators, engos. Indeed it is the underlying purpose of the Aarhus Convention, in both the rights and obligations it provides for us all, and how it intends we should address and be able to engage with that which impacts upon the environment. The organisation we engage with for this display is involved in the rehabilitation of injured and orphaned wildlife. Please Note Access to the King s Inns will be only via the Constitution Hill Gate on the day.

3 Seminar Programme 09:15 Registration, Tea/ Coffee 10:00 Welcome, Attracta Uí Bhroin, ELIG Facilitator at the IEN, Seminar Convenor 10:05 Opening Addresses Jeremy Wates, Secretary General of the European Environmental Bureau Dr Áine Ryall, UCC School of Law, Vice Chair of the Aarhus Convention Compliance Committee 10:25 Plenary session 1: Chair Dr Áine Ryall, UCC School of Law, Vice Chair of the Aarhus Convention Compliance Committee Mr Liam Cashman, Senior Expert, Directorate-General Environment Unit, EU Commission: The European Commission's 2017 Notice on access to justice in environmental matters" Mr Jean-Francois Brakeland, Legal Adviser in the Commission Legal Service, former member of the Bureau of the Aarhus Convention (speaking in private capacity): Preliminary references and the protection of the environment 11:35 Coffee Break 12:00 Plenary session 2. Chair The Hon. Mr. Justice Frank Clarke, Chief Justice Mr James Devlin, SC A perspective on costs issues in accessing justice Mr Rory Mulcahy, SC Some observations on the scope and standard of review 13:05 Light lunch

4 14:00 Plenary session 3. Chair Mr Fred Logue, Principal FP Logue Anne Friel, Lawyer, Environmental Democracy, ClientEarth: An update on Communication c-32: The EU and its own Compliance with the Aarhus Convention Mr David Browne, BL : Should Trees (and Hen Harriers) Have Standing? A Critique of Locus Standi in Environmental Law Post the Supreme Court Decision in Grace & Sweetman Mr Alan Doyle, Barry Doyle & Co.: "Anarchical Fallacies: the Duty of the Citizen, a Complete System of Judicial Protection, Equality before the Law, Access to Justice, and the Aarhus Convention." 15:20 Coffee Break 15:45 Plenary Session 4 Chair Jean-Francois Brakeland Ms Carol Day, Consultant Solicitor for Leigh Day and the RSPB: Mr Fred Logue, Principal FP Logue: BREXIT and the Aarhus Convention Access to Information on the Environment, or is there? 16:50 Synthesis of the day Mr Joe Noonan, Partner in Noonan Linehan Carroll Coffey Dr Áine Ryall, UCC School of Law, Vice Chair of the Aarhus Convention Compliance Committee 17:10 Concluding remarks from Attracta Uí Bhroin, ELIG Facilitator at the IEN 17:15 The law seminar will conclude with a small drinks reception, and an opportunity to engage up close and personal with native birds of prey, some silent witnesses to the actual purpose of environmental law. We would be delighted for your families to join us for this part of the day to make up for stealing you on a Saturday and to celebrate the environment a little! However please attracta@ien.ie if they would like to come and to get a pass as we have to plan for numbers carefully. This display of native birds is intended to give some wings literally to the observation of Advocate General Sharpston: "The fish cannot go to Court." In short, the environment cannot protect itself if it is threatened or harmed, it has no voice. It is a public good to be supported by public voice. In that each of us has a responsibility and that is the focus of this seminar through the addresses, engagements and the selection of the audience of environmental decision makers, adjudicators, engos. Indeed this is the underlying purpose of the Aarhus Convention, in both the rights and obligations it provides for us all, and how it intends we should address and be able to engage with that which impacts upon the environment. The organisation we engage with for this display is involved in the rehabilitation of injured and orphaned wildlife.

5 Registration and Further Information Please Note Access to the King s Inns will be only via the Constitution Hill Gate on the day. The Henrietta Street entrance will not be open. Full details at: Registration: Delegates may register online at: If your family are interested in attending the native birds of prey event during the afternoon it is necessary to Attracta@ien.ie in advance to secure a pass, as we need to manage numbers. Continuing Professional Development: 5.5 Hours Group Study CPD If you require a CPD Certificate please indicate when registering on the day and provide your contact details or attracta@ien.ie All CPD Certificates will be posted the week following the Conference. Conference Convenor: Attracta Uí Bhroin Facilitator of the Environmental Law Implementation Group,(ELIG) at the IEN IEN Macro Centre 1 Green Street Dublin 7 Attracta@ien.ie The Irish Environmental Network, or IEN, is made up of nationally active Irish Environmental NGOs. Our groups represent a broad range of environmental issues including everything from wildlife conservation to climate change.

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