THE INTRODUCTION of a penalty points system to punish environmental offenders and the development of a system of corporate responsibility for environmental damage are among the chief recommendations included in a new report released last night.
The report of the Law Society’s Law Reform Committee also calls for companies to carry out an environmental audit of their activities and for the remit of legal aid to be extended to include public interest environmental actions.
It identifies systematic failures in the Irish environmental landscape and recommends 16 comprehensive alterations to the current enforcement mechanisms.
The Enforcement of Environmental Law: The Case for Reform report examines the role of the State and its citizens in enforcing and complying with environmental law in Ireland.
Launching the document, Minister for the Environment John Gormley said he welcomed any report that highlighted issues of environmental enforcement and compliance. He added that his department was attempting to address issues in those areas.
“We are working very hard to address those [issues of compliance and enforcement] and we have received increases for the EPA and the National Parks and Wildlife Service to ensure we achieve a better record,” he said.
The report was compiled over an 18-month period by the Law Reform Committee, which said it would be of interest to non-governmental organisations, the State and commercial bodies.
Deborah Spence, a member of the Environmental Law Sub-Committee, said that in completing the report she and her colleagues strove to find gaps and in some cases large holes in the enforcement regime.
She said the committee was mindful of the large amount of regulation already in existence, and considered whether there was a need for more. “Our conclusion is generally that there is a sufficiently broad network of statutory and civil tort remedies available in Ireland to do the job effectively.
“However, it became clear to us that the manner of enforcement, the lack of alternative options other than criminal breach, and the absence of incentives to encourage and reward compliance were hindering the effective use of the available enforcement measures,” she said.
Other recommendations included the abolition of advance payments required for information requests.
It also calls for the development of a statutory right that would allow citizens to complain to regulatory authorities about environmental matters and greater access to the system for citizen enforcers.
