Oireachtas Joint and Select Committees
Thursday, 22 February 2024
Select Committee on Housing, Planning and Local Government
Planning and Development Bill 2023: Committee Stage (Resumed)
Eoin Ó Broin (Dublin Mid West, Sinn Fein) | Oireachtas source
No. Let us consider a situation where the types of changes to section 10 were made. Let us imagine the Minister had a road-to-Damascus conversion, got hit on the head with a heavy object and all of a sudden he agreed with us on this side of the House. Even if we got section 10 right, there would still be reservations about section 11 in the context of equity between first and third parties but also with regard to a decision, under the legislation, as to whether something is conclusive evidence or not. That would seem to constrain the decision-making authority of the Judiciary. I have a basic grasp of planning but I have a far weaker knowledge of how things operate in the courts. To prescribe whether evidence is conclusive or not or whether it can be submitted or not seems to be very far reaching. Does the Minster accept that?
No comments