Deputy Cian O'Callaghan:

Yes. Regardless of whether this provision is in the legislation that is a matter for the courts to decide. If these amendments are not accepted, this legislation gives weight to the idea that a judicial review should not be taken until MARA is satisfied that all of its processes are concluded. In that sense, I remain concerned. It is still for the courts to decide, but it could be interpreted as somewhat infringing on the process or the independence of the courts to have to decide on that. This legislation is the Oireachtas giving a signal in that direction. I am concerned about that.

Let us take an area that is particularly sensitive in terms of the marine environment and biodiversity. It could be legitimate for somebody to want to take a case while there is a process ongoing around that. If that process has been initiated by a developer it could raise a whole range of issues about a marine sensitive area. Why would that not be appropriate? Obviously, the courts could decide it would be appropriate. Why are we seeking to somewhat curtail that through this part of the legislation or, at least, signal against that happening?