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Update On The Legal Challenge From Pat Swords

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go Originally Posted On Bishop Hill

On Tuesday 12th of March the case scheduled to be heard the next day (13th) went instead into adjournment until the 11th April. There are complex legal issues involved in the case, which I have not yet had the time to finish writing up, but they go beyond the renewable energy issues to the core principle of access to justice and ‘who watches the watch keeper’. The lawyers on both sides have agreed to extra time to prepare additional written affidavits. In summary though, due to Ireland’s failure to ratify the Convention, I could not have taken my case in the Court until after Ireland’s ratification of the UNECE Convention took effect in September 2012. As it turned out, the ruling had by then come through from the UNECE Compliance Committee and I brought it before the High Court and got leave in early November 2012, within the recognised time frame applying post ratification.

The State’s position is that the National Renewable Energy Action Plan was notified to the EU Commission on the 30th June 2010 and as it was not then taken into Judicial Review, they have full legitimacy to continue to implement. The detail is not straightforward; the State is doing everything it can to shut out the citizen from challenging it in the Courts; there is no democracy only diktat and they intent to keep it that way. On my side I’m bringing in a UN ruling, which the State is refusing to recognise, even though it both signed and then finally ratified the UNECE Convention. My ‘defense’ in relation to not being able to bring a Judicial review until after ratification is fully valid but unique, as such circumstances have never happened before. Potentially the case could in time be referred to the European Court, as it is the Judge is being requested to face down the State administration, create precedence and finally open the door for access to justice procedures, which have to date been denied to citizens here.

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