Mr. Rody O'Brien:

-----to intervene when they unreasonably withhold consent.

We made a point in our submission on compulsory purchase orders. In the context where there is consent, it is fine. However, where there is no consent and it is being withheld unreasonably by the landowner, in addition to what we said in the other points, we are also recommending the alternative of a compulsory purchase order scheme. This is approved in constitutional law. It is in the interest of the common good. The scheme set out here is a perfect example of what is in the interest of the common good. Nobody would dispute the fact that what the Bill is trying to achieve is in the common good. It is in the realm of the authority of the Oireachtas to decide what is the common good. That is decided in case law in the Article 26 reference of the Planning and Development Bill 1999. That is the common good aspect to this which means the State has the power to do that.

This would also come under our obligations under international human rights law and the rights of people to be buried in a dignified manner.

It even involves the investigative approach, which I would like to have the opportunity to discuss later on. In order for us and the State to do that comprehensively, the compulsory purchase order mechanism is something that should be considered and included in this Bill.