Mr. John O'Donoghue:

I do not have enough experience in CPOs to give that level of detail other than what I have said in the past and from the information I have seen. I do not know when a CPO was completed under the Health Acts or if a CPO was ever completed under the Health Acts. I work in different areas of law and in the housing sector I am working with local authorities dealing with potential CPOs of vacant properties for use as social housing. I know the process that can be undertaken and it is an application to An Bord Pleanála to which third parties may object. If there is an objection, it can go to court and the High Court may make a determination. It can go on and on up to the Supreme Court. If the process of a CPO is undertaken, the party involved is not likely to consent, and it could take a long number of years and many challenges to get that CPO.

My understanding is that under the Planning and Development Act 2000, the provision to substitute the Minister for An Bord Pleanála was not included for the Health Acts, and that is where the unconstitutionality may arise. The Minister may potentially decide on whether the CPO is right or not rather than a third-party body such as An Bord Pleanála.