Irish Environmental N.G.Os and the Constitutional Convention Donna Mullen Environmental Pillar Law Group.

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Presentation transcript:

Irish Environmental N.G.Os and the Constitutional Convention Donna Mullen Environmental Pillar Law Group

Constitutional Review Group- The Constitutional Review Group in 1996 was in favour of including ‘a duty on the state and public authorities as far as practicable to protect the environment, to follow sustainable development policies, and to preserve special aspects of our heritage’.

And indeed there will be time For the yellow smoke that slides along the street Rubbing its back upon the window panes; There will be time, there will be time From the love story of J. Alfred Prufrock by T.S.Elliot, 1915

Health

Did these politicians save your life ? Irish people die from the effects of environmental pollution. Every year the lives of approximately 357 people are saved in Dublin through the ban on smokey coal, and the subsequent improvement in air quality. Clean air reduced the number of deaths from heart attacks by 15% and deaths from respiritatory illness by 10%. The Lancet, Volume 360, Issue 9341, Pages ,Effect of air-pollution control on death rates in Dublin, Ireland: an intervention study Prof Luke Clancy MD a, Pat Goodman PhD b, Hamish Sinclair PhD c, Prof Douglas W DockeryVolume 360, Issue 9341Luke ClancyaPat GoodmanbHamish SinclaircDouglas W Dockery

Tourism is Ireland’s largest indigenous industry, contributing almost 4% of GNP and providing employment for over 200,000 people in every community throughout the island.

Intrinsic RightsFuture Generations

Agriculture

Case C183/05 Failure of a Member State to fulfil obligations – Directive 92/43/EEC – Articles 12(1) and (2), 13(1)(b) and 16 – Conservation of natural habitats and of wild fauna and flora – Protection of species

The Constitution ; 1)Is tamper- proof 2)Involves individuals participating in a referendum 3) Is easy to find and understand

Everyone has the right (a) to an environment which is not harmful to their health or wellbeing; and (b) to have the environment protected, for the benefit of present and future generations, through reasonable legislative and other measures that (i) prevent pollution and ecological degradation; (ii) promote conservation: and (iii) secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development.

Constitutional Convention- Topics for consideration; PRESIDENTIAL TERM VOTING AGE ELECTORAL SYSTEM RIGHT TO VOTE SAME-SEX MARRIAGE ROLE OF WOMEN WOMEN IN POLITICS BLASPHEMY OTHER

India Article 51-A(g) It shall be the fundamental duty of every citizen of India to protect and improve the Natural Environment including forests, lakes, rivers and wildlife, and to have compassion for all living creatures

Pennsylvania Constitution (1971) Article I, Section 27: “The people have a right to clean air, pure water, and to the preservation of the natural, scenic, historic and esthetic values of the environment. Pennsylvania’s public natural resources are the common property of all the people, including generations yet to come. As trustee of these resources, the Commonwealth shall conserve and maintain them for the benefit of all the people.”

Ireland ? ‘a duty on the state and public authorities as far as practicable to protect the environment, to follow sustainable development policies, and to preserve special aspects of our heritage’.