Eoin Ó Broin (Dublin Mid West, Sinn Fein) | Oireachtas source

I ask that question because in the way this is worded, it sounds as though there is a live enforcement action and the planning authority or the DPP will take action against the developer. The developer in this case may have sought a section 10 declaration, as it will now be called, but gave false or misleading information. I do not understand why in that scenario there would need to be the carve-out in section 11(1)(a)(i). I am trying to understand that.

My third point is to emphasise Deputy O'Callaghan's point because this is what confused me. Section 11(2) refers to "any proceedings" and I would like the meaning of that. Deputy O'Callaghan makes the point that this does not refer just to enforcement proceedings. It does seem to include enforcement proceedings because it makes reference to section 11(1), but it reads as though it would apply to anything, including if a third party would take a case. If these points could be explained that would be very helpful. My sense is that there is a whole pile of problems in section 11, but we will obviously eagerly await the note.