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

It seems to be closed unless it was because information was withheld or the first party provided false information. I am simply making the case that this does not involve all information. The Minister of State said information would come from the first party but there are scenarios where not all information would come from the first party, even if third parties are excluded from the process. The enforcement authority could still have relevant information brought to it. It may decide to take enforcement proceedings but this provision in section 11(1) could tie its hands and prevent it from doing so. There could be fairly extreme situations where it wishes to take enforcement proceedings and new information has come to light but it has given this section 10 declaration that it is exempted development. It may have reason to believe it is not exempted development but the section 10 declaration is issued and it has not found that any information was withheld or that false information was knowingly provided by the first party. In these scenarios under section 11, there is nothing it can do as an enforcement authority. I am concerned about that. I am inquiring about the rationale for the Minister of State bringing forward such a change.