1. Participatory Democracy- The Story of a Trojan Horse Michael Ewing Coordinator of the Environmental Pillar

2. Contents Prologue Introduction The Trojan Horse Participatory Dialogue What Now? 15/09/2011 Presented to the Social Justice Ireland Conference 2

3. World Population 15/09/2011 Presented to the Social Justice Ireland Conference 3

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5. Species on the verge of mass extinction 15/09/2011 Presented to the Social Justice Ireland Conference 5

6. ‘THE BELIEF that private financial markets can solve all our problems is the witchcraft of our age.” The bill for ignoring nature’s services may not be affordable if we don’t start paying now, says ‘total capitalist’ and environmentalist Pavan Sukhdev, a leading figure in the formulation of Deutsche Bank’s global markets strategy in Asia from the 1990s. (August 2011) 15/09/2011 Presented to the Social Justice Ireland Conference 6

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8. "Involving the public and civil society organizations in formulating and implementing a response to climate change is not a choice but a necessity." Jan Kubis, UNECE Executive Secretary, High-level segment of the Sixty-third Session of the Economic Commission for Europe (30 March — 1 April 2009) 15/09/2011 Presented to the Social Justice Ireland Conference 8

9. Add to this the following: • The capacity to produce oil peaked in 2006 whilst demand for energy continues to grow. (International Energy Agency April 2011.) • Food prices are rising rapidly, driven by the price of oil and the impact of climate change (Tom Arnold - Concern Worldwide, June 2011) • The oceans are rapidly being depleted. (UNEP 2011) • Industry is fast running out of raw materials (Neil O’Leary - Ion Equity June 2011) • Fresh-water supply world-wide is in crisis (Tom Arnold - Concern Worldwide, June2011) 15/09/2011 Presented to the Social Justice Ireland Conference 9

10. The limits to growth 15/09/2011 Presented to the Social Justice Ireland Conference 10

12. public participation

13. and effective access to judicial proceedings. These three rights are known as the Access Principles 15/09/2011 Presented to the Social Justice Ireland Conference 11

14. Principle 10 (P.10), of the ‘Rio Declaration on Environment and Development, 1992’, states: “Environmental issues are best handled with the participation of all concerned citizens, at the relevant level. At the national level, each individual shall have appropriateaccess to informationconcerning the environment that is held by public authorities, including information on hazardous materials and activities in their communities, andthe opportunity to participate in decision-making processes. States shall facilitate and encourage public awareness and participation by making information widely available.Effective access to judicial and administrative proceedings, including redress and remedy, shall be provided”. 15/09/2011 Presented to the Social Justice Ireland Conference 12

15. 1998 The Aarhus Convention The UNECE draws up a Convention to convert the aspirations of Principle 10 into International Law. The Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters Ireland is a signatory, but as yet has not ratified the Convention. 15/09/2011 Presented to the Social Justice Ireland Conference 13

16. 15/09/2011 Presented to the Social Justice Ireland Conference 14 State of Ratification

17. Presented to the Social Justice Ireland Conference 15 The Three Legged Convention 15/09/2011

18. Article 1. Objective In order to contribute to the protection of the right of every person of present and future generations to live in an environment adequate to his or her health and well-being, each Party shall guarantee the rights of access to information, public participation in decision-making, and access to justice in environmental matters in accordance with the provisions of this Convention. 15/09/2011 Presented to the Social Justice Ireland Conference 16

19. Fundamental Change Apart from ratification of the Convention, an important first step in its implementation would be to amend the Irish Constitution in order “recognise the right of every person of present and future generations to live in an environment adequate to his or her health and well-being”, as set out in the objective of the Convention. 15/09/2011 Presented to the Social Justice Ireland Conference 17

20. THE RIGHT TO KNOW In a democracy people have the right to know and should be provided with easy access to information. It is necessary to raise public awareness and to ensure the effective participation of the public in matters of concern to them. S.I.133 of 2007. Access to Information on the Environment Regulations 15/09/2011 Presented to the Social Justice Ireland Conference 18

21. THE RIGHT TO PARTICIPATE The Convention calls on all the Parties to provide for public participation and thus better integrate environmental considerations in governmental decision-making leading to more sustainable outcomes. Article 6 PUBLIC PARTICIPATION IN DECISIONS ON SPECIFIC ACTIVITIES Article 7 PUBLIC PARTICIPATION CONCERNING PLANS, PROGRAMMES AND POLICIES RELATING TO THE ENVIRONMENT Article 8 PUBLIC PARTICIPATION DURING THE PREPARATION OF EXECUTIVE REGULATIONS AND/ORGENERALLY APPLICABLE LEGALLY BINDING NORMATIVE INSTRUMENTS 15/09/2011 Presented to the Social Justice Ireland Conference 19

22. The bread has to be good, but the filling is what makes it a sandwich ! 15/09/2011 Presented to the Social Justice Ireland Conference 20

23. Ridder, Mostert, Wolters, (2005) Harmonising Collaborative Planning (HarmoniCOP); 15/09/2011 Presented to the Social Justice Ireland Conference 21

24. Access to Justice “The law, in its majestic equality, forbids the rich, as well as the poor, to sleep under the bridges, to beg in the streets, and to steal bread”. Anatole France (1844-1924) 15/09/2011 Presented to the Social Justice Ireland Conference 22

25. THE RIGHT TO HAVE ACCESS TO JUSTICE For access to information and public participation in decision-making to be effective, it is necessary to ensure recourse to administrative or judicial proceedings. All Parties are therefore required to establish access to a review procedure before a court or another independent or impartial body. This should be easily accessible, timely and inexpensive. Adequate and effective remedies should be provided. 15/09/2011 Presented to the Social Justice Ireland Conference 23

26. THE RIGHT TO HAVE ACCESS TO JUSTICE The Convention also calls on the Parties to ensure that members of the public have access to administrative or judicial procedures to challenge acts and omissions by private individuals and public authorities that contravene provisions of their national law relating to the environment. 15/09/2011 Presented to the Social Justice Ireland Conference 24

27. Releasing the Horse The need to focus on reversing the decline in the well-being of the planet alongside that of the human race will require the active involvement of all. The Aarhus Convention is a valuable tool to be used in starting that conversation. We need to open the gates to allow this Trojan Horse into the citadel that is our decaying representative democracy 15/09/2011 Presented to the Social Justice Ireland Conference 25

28. Thank you Goraibhmaithagatwww.environmentalpillar.ie 15/09/2011 Presented to the Social Justice Ireland Conference 26