9th March 2005, 01:17 AM
I would like to report to BAJR/Britarch what was discussed at the seminar on environmental justice organised by The Labour Lawyers Association and the Environmental Law Foundation at the House of Commons today. The seminar sought to discuss the following:
1. how the regulatory regime can better protect disadvantaged communities facing environmental harm;
2. how to reduce barriers to access to justice for environmental matters;
3. how to address the cost of enforcing environmental law.
Unfortunately, the agenda was changed in order to try to either wrong foot the Minister for the Environment (Elliot Morley), or be topical in the light of a key high court ruling, to discuss issues of costs, in the court sense, in environmental litigation.
However, what is clear is that there is a recognition by government that people are being denied access to environmental justice because big business can out-resource them; and the risk of losing a case, and costs being awarded against the individual or non government organisation, is too great for challenges to made.
The jury is out on whether environmental tribunals would be a better alternative than general courts for hearing serious environmental cases.
Magistrates and judges are to receive training in environmental matters and shortly only those that have had that training will be able to hear such cases.
All in all I think steps in the right direction are being taken by government although I am concerned by some things. Unfortunately the discussion time was taken up by people wanting to bend the minister?s ear about individual issues, rather than engage in dialogue about how strategic change can happen.
The minister said however that The Environmental Law Foundation?s document on environmental justice was heeded.
Other things that came out are:
That there is a shortage of expert witnesses.
That Consideration is being given to magistrates and judges having an expert witness sit next to them on the bench.
The new government statement on sustainable development published yesterday has not been widely reported.
Peter Wardle
(Who has no idea why he was invited to a Labour Party Focus Group!)
1. how the regulatory regime can better protect disadvantaged communities facing environmental harm;
2. how to reduce barriers to access to justice for environmental matters;
3. how to address the cost of enforcing environmental law.
Unfortunately, the agenda was changed in order to try to either wrong foot the Minister for the Environment (Elliot Morley), or be topical in the light of a key high court ruling, to discuss issues of costs, in the court sense, in environmental litigation.
However, what is clear is that there is a recognition by government that people are being denied access to environmental justice because big business can out-resource them; and the risk of losing a case, and costs being awarded against the individual or non government organisation, is too great for challenges to made.
The jury is out on whether environmental tribunals would be a better alternative than general courts for hearing serious environmental cases.
Magistrates and judges are to receive training in environmental matters and shortly only those that have had that training will be able to hear such cases.
All in all I think steps in the right direction are being taken by government although I am concerned by some things. Unfortunately the discussion time was taken up by people wanting to bend the minister?s ear about individual issues, rather than engage in dialogue about how strategic change can happen.
The minister said however that The Environmental Law Foundation?s document on environmental justice was heeded.
Other things that came out are:
That there is a shortage of expert witnesses.
That Consideration is being given to magistrates and judges having an expert witness sit next to them on the bench.
The new government statement on sustainable development published yesterday has not been widely reported.
Peter Wardle
(Who has no idea why he was invited to a Labour Party Focus Group!)
