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:

That is a very fair point. There are other people who could strongly make the argument, for example, people litigating to protect children's interests in education, that there is not a regime there for them. I presume our answer to that, perhaps unsurprisingly, would be that there needs to be a comprehensive legal scheme to allow people to vindicate their rights. The reason we have this specific cost regime is that is an obligation we are signed up to under the Aarhus Convention as a matter of international law and EU law. It is something we signed up to. It is a legal obligation and that is the reason we changed our regime. We introduced the special cost regime after the European Union Court found that our existing legislation was non-compliant. We should bear that in mind.

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