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
In the note the Minister is going to provide, can I put in a couple of additional questions in order that my queries are clear? I am beginning to understand that section a bit better. Section 11(1), provides that "A relevant declaration shall be conclusive evidence of the matters stated therein in relevant proceedings brought by an enforcement authority" or the Director of Public Prosecutions, DPP. One of the questions I have on that relates to why it i s only the enforcement authority and the DPP that are listed. Why would it not be conclusive evidence if it is brought by any other party? I am not making the case that it should or should not be, but I am interested to know that. That is one question.
Second, section 11(1)(a)(i) refers to "the person knowingly provided false or misleading information". Is the person the original applicant for the section 10 declaration? Is the person someone in the enforcement authority or the DPP? I am just asking.
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