Cian O'Callaghan (Dublin Bay North, Social Democrats) | Oireachtas source

Although amendment No. 101 is in the grouping and we had a good discussion on the issues related to that grouping, I did not address the specifics in the amendment. It seeks to insert that a relevant declaration, which is a declaration under what we know as a section 5 process, shall be admissible in evidence in any proceedings brought by a person, other than an enforcement authority, relating to the act, operation or change in use in respect of which the relevant declaration was made. It would delete lines 28 and 30, which do not allow a relevant declaration to be admissible. If someone gets a section 5 declaration, or what will be a section 10 declaration on the enactment of this legislation, why will he or she not be able to admit it in evidence in proceedings? Why would that not be helpful? It is only a matter of its being admissible in evidence; it does not mean it would be the final determinant in the matter in any court case. Not being able to admit a declaration as evidence in proceedings seems to point to a very excessive and specific provision in the relevant section of the Bill. It is also quite an unusual provision. Could the Minister explain why he is taking this approach? In keeping with normal good practice, my amendment would correct this. I hope the Minister accepts it.