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)

Ms Cl?ona Kimber:

To clarify, when we talk about a company, we are talking about a company within the meaning of the Companies Act. Moreover, it must be a company that has been in existence for one year, have pursued environmental objectives for one year and have passed a resolution to take judicial review proceedings. Most companies under company law, which goes back to the 1880s in the UK, have to send out a notice of an EGM to pass a resolution etc. They cannot just do it on the spin of a coin. If you are not prepared to put your own name on the case going to court, you have to be a company within the meaning of the Companies Act with directors, memorandum of association etc. You have to send out your resolution to the members - whatever is in your memorandum and articles of association. You have to convene everybody, have an AGM and pass the resolution. The hoops are so tight and narrow, it is almost impossible to think of how any company would be able to jump through those hoops within the time allowed.

Comments

No comments

Log in or join to post a public comment.