Cian O'Callaghan (Dublin Bay North, Social Democrats) | Oireachtas source

I will return to the issue of exceptional circumstances, which Deputy Ó Broin and the Chairman mentioned. Regarding the three key tests, the provisions should not give a person concerned the opportunity to circumvent or dispense with the community rules. Doing so should remain the exception.

It is not clear to me from this that all three of those are specifically set out separately in the proposed legislation. Obviously we will need to see the final Bill but I want to see us capturing the exceptional reason that an unlawful development should be allowed to be regularised. What is the rationale for compounding the three considerations? Should they not be separated out so the board must specifically consider each one separately, rather than putting the three in together?