State says there is no right to an environment in Irish Constitution

The State was responding to claims contained in an environmental group’s challenge against a decision to extend the length of planning permission granted to the DAA (formerly Dublin Airport Authority) to construct a second runway at Dublin Airport.

In proceedings against the council and the State, Friends of the Irish Environment claim the proposed runway will lead to increases in Ireland’s greenhouse gas emissions.

A part of its action it claims there is a constitutional right to life, bodily integrity, water, and health derived from an environment consistent with human dignity and well-being.

The group, represented by John Kenny BL, instructed by solicitor Fred Logue, say the proposed runway will lead to an increase in the pace of climate change and will impact on those rights.

In submissions on behalf of the State, Ciaran Toland SC said that there was no unenumerated right to an environment contained in the constitution and environmental policy was a matter for the Oireachtas.

Counsel said the group’s claim that a legal right to an environment exists in 177 other countries was speculative.

Any suggestion that that a right to an environment can be implied into the Irish constitution on the basis of an international consensus, when the European Court of Human Rights does not contain such a right, was misconceived.

The group’s action is the third of three actions challenging Fingal Council’s decision to extend by five years planning permission allowing the DAA to construct the runway

Aodhan O’Faolain, Ireland International News Agency Ltd.