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Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Malcolm Noonan: We understand that the Attorney General's office has looked at this. We will get clarification on that specific-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Malcolm Noonan: Okay. Will I come back in on the other points?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Malcolm Noonan: The concern is not about less judicial reviews. As Deputy Ó Broin said, residential development JRs have gone down since the SHD issue was resolved, but this is around better alignment of plans and decision-making and the removal of the leave stage, which will save time. In fact, it will save weeks. Again, I do not have specific data-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Malcolm Noonan: Yes. The removal of the leave stage-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Malcolm Noonan: Yes. To go back to the point about the advisory forum, it is our understanding there has been substantial engagement with that forum on the review. That might be disputed, but it is our understanding that there has been engagement. Are there any other points I missed?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Malcolm Noonan: The point is we cannot dictate what the courts will do in terms of timelines. Certainly, the planning court will speed up the process. The entire Bill is about better alignment and it is ensuring that. I cannot put a figure on it in respect of the number of weeks, but it is about better alignment in our planning system and speeding up those processes in the planning court.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Malcolm Noonan: It will.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Malcolm Noonan: As I said, what the Bill is setting out to achieve throughout-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Malcolm Noonan: I will just get a-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Malcolm Noonan: I argue that it will.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Malcolm Noonan: On the planning court and speeding up JRs, the leave stage has become an unnecessary step. Removing it will lead to a quicker process. There is a time saving there.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Malcolm Noonan: As I said, I cannot put a figure on it.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Malcolm Noonan: Are we dealing with the costs-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Malcolm Noonan: At present, a JR applicant may bring amended grounds beyond those originally filed in his or her application. This is one of the time savings that can accrue from this change. Amended grounds can cause significant delays to the court and the defendant, as they consider the merits of each new amended ground. The Bill reforms this by requiring that an application for a judicial review may...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Malcolm Noonan: I have spoken-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Malcolm Noonan: I have responded, but I will just read this out.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Malcolm Noonan: Among the positive reforms contained in Part 9, which amendments No. 954, 955 and 956 seek to remove, applicants will no longer need to apply to the High Court for leave to take a judicial review case. This change will save time and cut expense while improving access to justice. Applicants will still need to demonstrate that they have sufficient interest and standing to take the case....

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Malcolm Noonan: This is bringing back memories for me because I was one of a number of plaintiffs, shortly after when the Aarhus Convention was enacted here, who were seeking a not prohibitively expensive order from the High Court to take a case. That was very early days in terms of Ireland's compliance with Aarhus. It is really important that we get this right. It is a very important provision that the...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Malcolm Noonan: When the new scale of fees comes into effect? Is that the question the Deputy is asking?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Malcolm Noonan: This can only be a positive in terms of groups and NGOs, in particular, and their ability to take JRs in confidence that the legal costs are not going to be burdensome. That is what the spirit of Aarhus is about in terms of access to environmental justice. It is absolutely a positive. As I said, the regulations still have to be drafted on foot of the public consultation process, so I...

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