Oireachtas Joint and Select Committees

Thursday, 2 March 2023

Joint Oireachtas Committee on Housing, Planning and Local Government

General Scheme of the Planning and Development Bill 2022: Discussion (Resumed)

Photo of Victor BoyhanVictor Boyhan (Independent) | Oireachtas source

I welcome the Law Society of Ireland and the Planning, Environment and Local Government Bar Association. These may be two of the most important papers. Members of the public and elected members of city and local councillors are concerned. It is not that everyone is for litigation. Litigation costs money. However, people want their rights vindicated. They have rights to property and a considerable concern about the community in which they live. They are genuine. I have rarely met anyone who has been vexatious or wishes to spend money, but people engage. They have been looking at some of the prescribed bodies and their activity. People are interested in their environment, where they live and how it impacts on their life and society. It is very important and that importance is showing up here. We need the explanatory memorandum and, as a committee, we need that message to get to the Minister. We talk about certainty, understanding and transparency and, yet, we do not have the explanatory memorandum to assist us in our work.

I will focus on the Law Society and come back to Mr. Flynn. I am dealing with the submission by the Law Society. Ms Minch said questions remain around our interpretation - we are talking about the rules of standing - and compatibility with the convention requirements of EU law and that rules on standing, which are too narrow, could deprive people of their right to seek legal review of the planning decisions. Will she elaborate on that? I am conscious there are people listening in who wish to understand. I ask that she explains, in simple language, the challenge and concern.

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