Oireachtas Joint and Select Committees

Tuesday, 7 March 2023

Joint Oireachtas Committee on Housing, Planning and Local Government

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

Mr. Robin Mandal:

If I may pick up a little further on that, I had hoped our presentation would be less to do with judicial review, but the issue of standing is completely undermined by this Bill. We did a straw poll of our 75 residents' associations. Less than half of them are companies, so more than half the people who are part of our alliance would not be able to take a judicial review under this Bill if it were to become an Act.

While we are on it, the issue of ex parteand on motion is of huge concern to us because, again, as an individual, going to the court ex parte, you know what your costs will be.

Once it is on motion, you have everybody else who might be affected by it who could claim costs from you. It is all designed to make sure you do not do it - to take away your right to review judicially the actions of power. That is really not a good thing. In the context of costs, at the moment, you carry your own costs. The Bill is silent as to what is going to happen. How could any parliamentary draftsperson put that down - such a critical bit - not fill it out and then publish it. It is a disgrace.

Comments

No comments

Log in or join to post a public comment.