Oireachtas Joint and Select Committees
Thursday, 26 May 2022
Joint Oireachtas Committee on Housing, Planning and Local Government
Review and Consolidation of Planning Legislation: Department of Housing, Local Government and Heritage
Mr. Paul Hogan:
Yes, "must" and "shall" are stronger. One exercise we did was to go through the Act and look at every reference of "take account of", "have regard to" and "consider". There is huge variation in all of that and what it means. It is 100% necessary but the difficulty with "must" and "shall" is there could be no wriggle room. Deputy Gould had a particular administrative requirement that is black and white, no matter what the personal circumstances of someone are. It is an example of the definite, black-and-white nature of "must" and "shall", as interpreted legally. When you deal with primary legislation, that is where it is going. There is a lot to consider.
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