Darragh O'Brien (Dublin Fingal, Fianna Fail) | Oireachtas source

It will still be unauthorised, however. To conclude my point, it will still be unauthorised because it was unauthorised under the law that was in place at the time, and any changes will not make it authorised. I reiterate that the exemptions are not retrospective. If an unauthorised development is carried out, that development will become a type of exempted development after it has been carried out, but that will not make the original development authorised. As I said, the test as to whether a development carried out is authorised is based on the law that is in place at the time the works are carried out. The reason we cannot accept amendments Nos. 59 and 62 is that they would bring into question the principle of exemptions not having a retrospective effect. I take the point and understand what the Deputy is saying, but the strong advice is this would bring into question the principle of exemptions not having a retrospective effect.