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)

Mr. Tom Flynn:

Certainly, in terms of establishing a planning and environmental court, we already have a planning and environmental list that deals with certain categories of cases. We have only one judge permanently assigned to that list. There is a second back-up judge. Obviously, more judges would mean that more cases could be heard, which we would welcome. However, we also have to have associated resources with registrars, judicial assistants and all the rest in that regard.

One of issues is that in providing more resources, and this is a point we discussed earlier, we can deal with more cases and reduce costs. If we had, for example, let us say, three judges as opposed to one, or even four judges dealing with planning cases, we could assign those cases to those judges and they could perhaps spend more time reading the cases in advance. Rather than a case taking three days, it might only take one day and the costs would be greatly reduced in respect of those matters. That is what happens in the UK. I discussed this with my colleagues in the UK and they would make that point. Most of their cases take a day whereas in Ireland, an equivalent case may take three days. Part of the reason is that the judge, through pressure of work, is not able to read the case in advance and has not been given the time, whereas in the UK, a judge will be given two days off or maybe the week before to read up on two cases and then hear two cases in two days. We need more judges to do that, however.

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