Eoin Ó Broin (Dublin Mid West, Sinn Fein)
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There was one other scenario. I appreciate the Minister of State was not here. The Minister, Deputy O'Brien, was here. The scenario, which is a real-life case, relates to a section 5 declaration being submitted to two local authorities beside each other for a development that ran across the boundary of two local authorities. I am pretty sure it was submitted by a utility company. The local authorities gave opposing answers. One said it was exempt and one said it was not. The answer may be "No", but was there any consideration when drafting the note we were given about what happens in that case?

Again, the point is that the legislation must be pretty clear that the relevant declaration shall be conclusive evidence. It has happened in two local authorities, but thankfully in very few cases, that they have given opposing answers. Is it that each answer is relevant for the local authority in question or, if it is the one development, does one trump the other? It would be unusual. I believe this was to do with cabling in a particular location. One local authority said it was not exempt and the other said it was. Is it that both section 10s would be conclusive evidence in their respective local authorities, as decided, notwithstanding the fact they gave contrary answers?