Legal costs incurred by the Environmental Protection Agency have risen dramatically over the last 10 years, from €123,000 in 2005 to almost €1.44 million in 2014.
Between 2013 and 2014 costs rose by more than 34 per cent.
Criminal prosecutions taken by the agency over the same period have not risen in number, but there has been an increase in civil cases at the Circuit Court and High Court.
The agency is an independent public body charged with protecting the environment in Ireland.
Its responsibilities include environmental licensing, such as for waste disposal and water treatment; enforcement of environmental law; and monitoring and reporting on the environment.
Expenditure doubled
The data, released to
The Irish Times
under the freedom-of- information Acts, shows legal expenditure in 2005 was almost €123,000. This more than doubled in 2006 to just over €285,000 and it rose to more than €518,000 in 2007.
Costs declined slightly in 2008, to almost €432,000, before rising again in 2009 to almost €609,000.
In 2010, the figure was almost €850,000, before it reduced to just below €620,000 in 2011.
It then rose again to more than €741,000, taking a dramatic jump to more than €1 million in 2013.
Legal costs for 2014 were almost €1.44 million.
Over the same period the number of criminal prosecutions ranged between 11 and 19, with the highest number taken in 2009. Some 14 such cases were taken in 2014.
Figures were not available from the agency on the numbers of civil cases taken at the Circuit Court or higher courts, at the time of going to press.
In a statement, the agency said it engages legal services to take criminal cases in the District Court, civil cases in the Circuit Court and higher courts, and to defend judicial reviews of its licence decisions.
Enforcement of licences
It also incurs expenditure in relation to legal advice on interpretation and implementation of legislation, on procedures and on enforcement of its licences. It also engages legal services and seeks expert opinion on implementing its various corporate statutory obligations.
The agency said its mandate and functions have increased substantially in recent years, resulting in the requirement to implement and enforce “new and particularly challenging and complex legislation, much of which is cross-regulatory”. The number of licences issued has also grown.
The increase in expenditure in the years 2013 and 2014 reflects an increase in the number of civil cases and injunctions taken as well as criminal cases, the agency said.
This also includes “legal work in ensuring licensees put in place adequate financial provision to meet environmental liabilities and financial commitments towards closure, remediation and aftercare post-operation”.
The agency said some of the expenditure is offset by recoupment of legal costs.
Over a five-year period, from 2010 to 2014, the agency recouped €817,796 in legal costs.
