Latest news with #AarhusConvention
The Herald Scotland
5 days ago
- Politics
- The Herald Scotland
Law breach row over ministers' energy projects summit snub
There were 700 live applications in the Highland Council area alone ranging from wind and hydro projects to energy storage and transmission grid plans. But both Scottish energy secretary Gillian Martin and UK energy minister and Rutherglen MP Michael Shanks have declined an invitation to attend the summit in Inverness on August 12. READ MORE: No ScotGov timetable for 24/7 stroke treatment access as deaths hit eight year high Revealed: 13,000 Scots oil and gas jobs disappear in a year - as UK relies on imports Row over £17.6m of public money spent on Scots sporting estate with 'no plan' Ms Martin's office told the convention in a letter that "in terms of the ministerial code, it would not be appropriate to discuss matters pertaining to live applications or proposals which could come before a live application for consent". The group were told: "Therefore, the cabinet secretary is unable to accept your request." Gillian Martin (Image: PA) A Department for Energy Security and Net Zero source said Mr Shanks had turned the convention down as planning of development was devolved to the Scottish Government, although the convention wanted to talk about policy. Highland councillor Helen Crawford, who is chairman community council convention and is a former lawyer, believed they had "ignored" the United Nations-administered Aarhus Convention, a binding piece of international legislation that guarantees the right to a healthy environment and enshrines people's rights to access information, to participate in decision-making and express any concerns. Ms Martin also strongly criticised double standards saying that developers had been met with by Scots ministers as live planning applications were being pursued and that no specific projects would ever need to be discussed. Campaigners have been demanding an ethics inquiry into concerns over ministerial code breaches involving former First Ministers Humza Yousaf and Nicola Sturgeon over a controversial gas-fired power station plan - which has received millions of pounds in public money backing. First Minister John Swinney has rejected complaints of dozens of breaches of the ministerial code over plans for various energy plans including Peterhead power station project, headed by energy giants SSE, based in Perth and Norwegian government owned Equinor. They included a complaint about former First Minister Humza Yousaf's visit to the Peterhead site and a subsequent 'promo' video produced by the developers, energy giants SSE. Mr Swinney said the video was not connected to the proposals they were considering. Also complained about was a meeting on April 2022 between then First Minister, [[Nicola Sturgeon]] and Norwegian government-owned Equinor, which has said it will proceed with the development of the controversial Rosebank oil and gas field off Shetland. (Image: Derek McArthur) She was told by civil servants to say that she welcomed 'Equinor's continued investment in Scotland' while the briefing stated that 'the Peterhead site is ideally placed for carbon capture technology...." The latter commentary is identical to that produced in a press statement by SSE and Equinor in 2021. The ministerial code states: "Ministers should take particular care to avoid conflicts of interest when dealing with planning matters, including the granting of energy consents.' The code also states: "To help ensure the fairness and transparency of the planning system, the planning minister, or any other minister involved in the planning decision, must do nothing which might be seen as prejudicial to that process, particularly in advance of the decision being taken." Ms Crawford said there was frustration that no minister would discuss energy matters with what she called an "unprecedented gathering of Highlanders". "It is a failure of local democracy and the Aarhus Convention is clearly not worth the paper it is written on," she said. "We have an absurd scenario where the UK energy minister and the Scottish energy minister can't speak to communities about energy. It is actually incredible. It is worthy of a new episode of Yes Minister. "Saying they can't discuss a live application just doesn't stack up because she does meet with developers such as SSE. "That is why there is so much frustration in grass roots level. It is shutting the door on people's concerns." "If they can meet developers and not communities that want to talk about direction of travel, that is very concerning for Scotland." The convention has called for the Scottish Government to undertake an inquiry to address the cumulative impact of all major renewable energy infrastructure developments on the communities and landscape fearing projects "may hasten depopulation in some areas". It wants a pause on all major applications, "until a clear national energy policy is in place and an economic impact assessment is undertaken given that tourism is currently the backbone of The Highland economy". In June, 300 gathered in Beauly, near Inverness in a public meeting to discuss concerns over feeling "disregarded" over the wave of projects. Among the most controversial are plans for a so-called 'super-pylon' plan which was to run for over 100 miles across some of Highlands and Aberdeenshire's most picturesque areas to enable 'significant' growth of renewable energy and support transition away from fossil fuels. (Image: SSE) Scottish and Southern Electricity Networks Transmission, which owns, operates and develops the high voltage electricity transmission system in the north of Scotland and islands unveiled the strategy three years ago which it says was a 'critical project of national significance' as it has been identified as 'essential' to deliver government targets for offshore wind. The project at that point was to involve building a new 400kV overhead line connection - or energy motorway - between Beauly, Blackhillock, New Deer and Peterhead to enable the transmission of renewable power into the network for onward transmission to 'areas of demand further south'. The Scottish Government has been approached for comment.
The Herald Scotland
28-07-2025
- Politics
- The Herald Scotland
UN probes Scots judge-led body's 'breach' of international law
Now the Scottish Government will be expected to give answers to a UN committee about the complaint as part of a UK response over compliance. Scotland has since 2011, been found to be in breach of Article 9 of the Aarhus Convention, a binding piece of international legislation that guarantees the right to a healthy environment and enshrines people's rights to defend it in a court of law. The United Nations council which adopted the convention in 1998 gave the Scottish Government a deadline of October 1, 2024 for a plan of action to remove or cut the cost of access to justice as legal cases can often run into tens of thousands of pounds. The ERCS says that makes access to justice to protect the environment unaffordable and while there is a 'loser pays' rule, litigants are liable to pay their opponents fees if they lose their case. The Scottish Government asked the Scottish Civil Justice Council (SCJC) - a public body comprising predominantly senior judges and other members of the judiciary and legal profession which is responsible for keeping the civil justice system under scrutiny - to review the rules on the costs of court actions. Lord Pentland is at the centre of access to justice row (Image: NQ) But despite the review, a UK progress report at the end of last year confirmed the nation has not removed the cost barriers to justice despite the SCJC intervention. They say it continues to breach the convention as they "only made minor changes and no concrete commitments for future reform". In its formal complaint to the UN's Aarhus Convention Compliance Committee, ERCS argued that the SCJC's review has breached Article 8 of the Convention, which requires public bodies to consult the public when making certain laws that can significantly affect the environment. READ MORE: What is the senior judge-led group accused of international law breach? 50 Scots councils seek ministers summit on green energy 'wild west' 'Scots nature in crisis' as one in nine species at risk of extinction It argues that that means there was no say in ensuring that international law was met and that the legal system was affordable. They say the consultation would have required the SCJC to consider and respond to representations from the public. Now the Herald has learnt that the compliance committee has decided that the complaint has been found admissible on a preliminary basis for further investigation despite official opposition. Dr Ben Christman, ERCS's legal director said: 'The way we make decisions matters. Public participation is a critical part of creating fair and functional environmental laws. The Scottish Civil Justice Council failed to consult the public and, predictably, went on to produce legal expenses rules that do not comply with the Aarhus Convention's requirements. Former co-convener of the Scottish Greens, Maggie Chapman has criticised ministers over law breaches over access to justice (Image: NQ) 'We were glad to see that the Aarhus Convention Compliance Committee saw through bad faith attempts to knock out our complaint. We hope that the Scottish Government will now respond to our concerns seriously.' The SCJC has denied that there has been a breach. And Scots community safety minister Siobhian Brown has said in a response to a question about the case: "The Scottish Government has every confidence in the work of the Scottish Civil Justice Council." The council is responsible for overseeing civil justice fairness and effectiveness and provides advice on rule changes and recommends improvements while keeping the system under constant review. It is typically made up of between 14 and 20 members and are appointed by its chairman, the most senior judge in Scotland and Lord President of the Court of Session and Lord Justice General, Lord Pentland or Scottish ministers. They are predominantly entrenched in Scottish law either as judges, sheriffs, advocates, solicitors or heading up administration. At least four are members of the judiciary including at least one judge from the Court of Session and a sheriff, as well as at least two practising advocates. Other senior judges include on the council are Lady Carmichael, who was appointed as a Senator of the College of Justice in 2016 and Lord Ericht, who became a judge of the Supreme Courts in 2016. The group further includes Malcolm Graham, chief executive of the Scottish Courts and Tribunal Services, Colin Lancaster, the chief executive of the Scottish Legal Aid Board (SLAB) It comes amidst growing concern about local democracy being overridden as some of Scotland's most scenic areas face up to hundreds of live renewable projects. A "once in a generation" convention of 53 community councils have been demanding a summit with energy ministers in a fight to pause infrastructure projects. There were over 700 live applications in the Highland Council area alone, ranging from wind and hydro projects to energy storage and transmission grid plans. Councils convention chairman Helen Crawford at Balblair substation near Beauly (Image: Helen Crawford) Calls have been made for the Scottish Government to undertake an inquiry to address the cumulative impact of all major renewable energy infrastructure developments on the communities and landscape fearing projects "may hasten depopulation in some areas". Conservation charity John Muir Trust has previously spoken out of its concerns about the rights to justice after its attempt to challenge a windfarm development eight years ago led to it facing a near £700,000 bill, although this was eventually negotiated down to £275,000. The Trust settled out of court with the Perth-based energy company SSE and the Scottish government after its attempt to block a wind farm through a judicial review near Loch Ness failed. The dispute was over a wind farm at Stronelairg, which is in wild land in the Monadhliath mountains near Loch Ness. Consisting of 67 wind turbines, it was proposed by SSE in 2012 and granted by the Scottish government in June 2014. Glasgow had to exploit a loophole to bring the action in the name of a member who would qualify for legal aid. ERCS said it has had to resorting to questions under the Freedom of Information act on the SCJC process and any proposed new court costs rules. In response to an FOI request, the SCJC indicated in January 2023 that they intended to hold a public consultation on the new costs rules to inform decision-making "later in 2023". But in response to a chaser FOI request in October 2023, the SCJC decided against a consultation "to avoid undue resource impacts for potential respondents". And the ERCS say when the revised rules on Protective Expenses Orders - which limit a liability for costs in certain types of legal cases - came into force at the end of last year it was without public consultation and they say that they remain non-compliant with the Aarhus Convention. The Scottish Environment LINK (SEL) coalition of more than 30 leading charities said the SCJC failure was a "disappointing development which further damages accountability and the quality of environmental decision-making in Scotland". The SCJC has said that the latest amendments to the PEO rules was the first step in a process and that the review on costs as it relates to the sheriff court remains ongoing with a public consultation due to take place this year. Dr Shivali Fifield, ERCS's chief officer, said: "We submitted this complaint to uphold our right to participate in environmental decision-making. Scotland has been in breach of the Aarhus Convention's access to justice requirements since 2014. This is the third time the Scottish Civil Justice Council has reviewed rules on legal expenses and yet it remains prohibitively expensive to defend the environment in court. "Access to justice is not a favour, it is integral to our environmental human rights. We know that there is support for environmental justice across the political parties - and we will continue to hold the Scottish Government accountable until we see the barriers to justice removed." An analysis backed by Scotland's nature agency found wildlife is "in crisis" in 2023 with one in nine animals and plants being at risk of becoming extinct north of the border. A State of Nature Scotland analysis, backed by the [[Scottish Government]]'s [[Nature]]Scot agency and published by a partnership of over 50 nature and conservation organisations, warned the risk of extinction among some groups, such as vertebrates, is much higher at more than a third (36.5%). The most notable declines were with familiar birds such as swifts, curlews and lapwings which have declined by more than 60%. Kestrels have declined by more than 70%. A spokesperson for the Scottish Civil Justice Council said: 'The Scottish Civil Justice Council has approved its work programme for 2025/26, which has now been published. "As part of this , a priority for the coming year is to hold a public consultation on the extension of Protective Expenses Orders to the Sheriff Court. These orders allow litigants to limit the legal costs they might incur in the event they lose the case. The consultation is currently being finalised and we expect it to begin in the near future.' A Scottish Government spokesman said: 'The Aarhus Convention Compliance Committee is looking into a complaint, which says that the Scottish Civil Justice Council failed to ask the public for their views before changing rules about legal costs in environmental cas'The committee has decided the complaint is worth investigating further, but this is just a preliminary decision. They still need to follow more steps before making a final decision on whether to fully investigate. It would be inappropriate to comment further at this stage.'
Irish Examiner
25-07-2025
- Politics
- Irish Examiner
'Extraordinary public effort' as 7,500 people sign petition against mussel farm in Kinsale
More than 7,000 people have backed what campaigners say is the largest aquaculture appeal the country has ever seen, as the fight against a controversial mussel farm project in Cork continues. Campaigners opposing the mussel farm proposed for Woodstown Bay in Kinsale Harbour have submitted an unprecedented 147 formal appeals to the Aquaculture Licences Appeals Board (ALAB), representing the voices of more than 7,500 individuals. The Department of Agriculture granted a licence in May to Waterford-based Woodstown Bay Shellfish Ltd, for a mussel farm across some 23-hectares next to Dock Beach, in an area used by swimmers, kayakers, sailors and crab fishers. A delegation of campaigners delivered a petition signed by more than 7,000 people to the department this week, calling for it to reverse its decision to grant the licence. Minister of state at the Department of the Marine Timmy Dooley accepted the petition and expressed an interest in exploring shorter licensing periods in future, but campaigners said he noted he would be unlikely to overturn a decision made by ALAB for legal reasons, even in the face of strong public opposition. A large turnout on Dock beach and flotilla of boats in the waters nearby protesting about the proposed mussel farm in Kinsale harbour last month. Picture: Eddie O'Hare The 147 appeals have been submitted to ALAB from individuals, marine users, environmental groups, and local organisations. One appeal includes a petition of 6,200 names, while others were submitted by groups representing more than 200 members each. The cost of appeal fees alone has exceeded €25,000, with many appeals including professional input, and some taking six weeks to complete. However, there is growing concern ALAB may treat them as a single objection, rolling them into one file. 'This process involved extraordinary public effort," said Marc O'Riain of Kinsale Harbour Watch. "To flatten it into a single case would not only diminish the voices of thousands but seriously misrepresent the scale of opposition." Campaigners argue this would undermine the democratic process, and risk breaching the Aarhus Convention — the international agreement, ratified by the EU, that guarantees the public's right to meaningful participation in environmental decision-making. They have called on ALAB to recognise the integrity of each submission, acknowledge the volume of public concern, and hold a formal oral hearing. 'We remain hopeful that the appeals process will deliver a fair outcome. But if necessary, we are prepared to pursue a judicial review to protect Kinsale Harbour,' he said.
Sky News
22-07-2025
- Politics
- Sky News
Pressure grows to leave 'mad' Aarhus Convention used to block UK building projects
Pressure is growing to renegotiate or leave an international convention blamed for slowing building projects and increasing costs after a judge warned campaigners they are in danger of "the misuse of judicial review". Under the Aarhus Convention, campaigners who challenge projects on environmental grounds but then lose in court against housing and big infrastructure have their costs above £10,000 capped and the rest met by the taxpayer. Government figures say this situation is "mad" but ministers have not acted, despite promising to do so for months. The Tories are today leading the call for change with a demand to reform or leave the convention. In March, Sky News revealed how a computer scientist from Norfolk had challenged a carbon capture and storage project attached to a gas-fired power station on multiple occasions. Andrew Boswell took his challenge all the way the appeal court, causing delays of months at a cost of over £100m to the developers. In May, the verdict handed down by the Court of Appeal was scathing about Dr Boswell's case. "Dr Boswell's approach is, we think, a classic example of the misuse of judicial review in order to continue a campaign against a development… once a party has lost the argument on the planning merits," wrote the judges. They added: "Such an approach is inimical to the scheme enacted by parliament for the taking of decisions in the public interest," adding his case "betrays a serious misunderstanding of the decision of the Supreme Court" and "the appeal must therefore be rejected". Another case - against a housing development in a series of fields in Cranbrook, Kent - was thrown out by judges in recent weeks. The case was brought by CPRE Kent, the countryside challenge, to preserve a set of fields between two housing developments alongside an area of outstanding natural beauty. John Wotton, from CPRE Kent, suggested it would have been hard to bring the challenge without the costs being capped. "We would've had to think very carefully about whether we could impose that financial risk on the charity," he told Sky News. After his case was dismissed, Berkeley Homes said the situation was "clearly absurd and highlights how incredibly slow and uncertain our regulatory system has become". They added: "We welcome the government's commitment to tackle the blockages which stop businesses from investing and frustrate the delivery of much needed homes, jobs and growth. "We need to make the current system work properly so that homes can actually get built instead of being tied-up in bureaucracy by any individual or organisation who wants to stop them against the will of the government." 'Reform could breach international law' Around 80 cases a year are brought under the Aarhus Convention, Sky News has learned. The way Britain interprets Aarhus is unique as a result of the UK's distinctive legal system and the loser pays principle. Barrister Nick Grant, a planning and environment expert who has represented government and campaigns, said the convention means more legally adventurous claims. "What you might end up doing is bringing a claim on more adventurous grounds, additional grounds, running points - feeling comfortable running points - that you might not have otherwise run. "So it's both people bringing claims, but also how they bring the claims, and what points they run. This cap facilitates it basically." However, Mr Grant said that it would be difficult to reform: "Fundamentally, the convention is doing what it was designed to do, which is to facilitate access to justice. "And it then becomes a question for the policymakers as to what effect is this having and do we want to maintain that? It will be difficult for us to reform it internally without being in breach of our international law obligations" In March, Sky News was told Number 10 is actively looking at the convention. Multiple figures in government have said the situation with Britain's participation in the Aarhus Convention is "mad" but Sky News understands nothing of significance is coming on this subject. The Tories, however, want action. Robert Jenrick, shadow justice secretary and former housing minister, said the Tories would reform or leave the convention. He told Sky News: "I think the country faces a choice. Do we want to get the economy firing on all cylinders or not? "We've got to reform the planning system and we've got to ensure that judicial review... is not used to gum up the system and this convention is clearly one of the issues that has to be addressed. "We either reform it, if that's possible. I'm very sceptical because accords like this are very challenging and it takes many many years to reform them. "If that isn't possible, then we absolutely should think about leaving because what we've got to do is put the interest of the British public first." Mr Jenrick also attacked the lawyers who work on Aarhus cases on behalf of clients. "A cottage industry has grown. In fact, it's bigger than a cottage industry," he said.
LeMonde
25-05-2025
- Politics
- LeMonde
Opponents of the 2030 Winter Olympics in the Alps file two appeals demanding a public debate
What if the French Alps 2030 Olympic project violates French and international law? A citizens' collective recently brought their concerns before a United Nations oversight body and France's administrative court. Residents of the Alps have been asking for months that the organizing committee and public authorities hold a debate about the mega-event planned in their region – an event requiring significant amounts of artificial snow and the construction of new hospitality infrastructure. But so far, their warnings about the impact the Winter Games would have on already vulnerable mountain ecosystems due to climate change have been met with silence. "This is the first time that citizens have brought before the UN the lack of public participation in the Olympic Games organization process by the project promoters, in order to ensure compliance with the Aarhus Convention, which France signed and ratified [in 2002]," explained Jérôme Graefe, the lawyer representing the plaintiffs. By doing so, France pledged to guarantee the right to information, public participation in decision-making and access to justice in environmental matters.
