Oireachtas Joint and Select Committees

Tuesday, 9 November 2021

Select Committee on Housing, Planning and Local Government

Maritime Area Planning Bill 2021: Committee Stage (Resumed)

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

I move amendment No. 184:

In page 89, to delete lines 1 to 8.

The purpose of this amendment is to avoid a situation where there is a lack of clarity on when an applicant needs to apply for leave for judicial review. It is not properly stipulated in the Bill. As it currently stand, the courts could be beset with uncertainty on MARA, the MAC holder and the applicant. The amendment removes the entitlement to stay proceedings with the intention of ensuring the authorities specify the points in time in the decision-making process, when applications should be made and to ensure there is clarity so that applicants to the court do not risk being premature or too late if they wish to start a judicial review.

The purpose of amendment No. 185 is to extend the window for judicial reviews from eight weeks to 12 weeks. That is because of the amount of complexity, potentially, in this process and to give a sufficient amount of time. As everyone will be aware, when communities and other stakeholders are grappling with these matters, it can be very difficult for them to get the advice they need when going into the complexities of things. That is the reasoning for this amendment.

The purpose of amendment No. 186 is, in effect, to give locus standi for environmental NGOs if they wish to challenge decisions around the MAC process.

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