Oireachtas Joint and Select Committees

Tuesday, 5 October 2021

Joint Oireachtas Committee on Housing, Planning and Local Government

General Scheme of the Planning and Development (Amendment) (No. 2) Bill 2021

Mr. Eamonn Kelly:

Again, that text was developed following a European Court of Justice decision and was developed over a number of years by our Department, the Attorney Generals and the Commission. As I said, we have got an awful lot of legal advice. One of the questions we put to our legal advisers was on whether there was a necessity to change it. It was very clear to us after the Supreme Court case that it is robust, reflects the requirements and meets the obligations imposed on us following the original Derrybrien judgment. To answer the Deputy's question, we have very strong legal advice to confirm it complies with the requirements of the original Derrybrien judgment and it has stood up to numerous tests in the courts, including last year in the Supreme Court, which went through the whole substitute consent process in great detail. As to why, it is a matter, again, of drafting. It is something we have inherited but also something we are confident and happy still works. Again, we would be loath to change something that is-----

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