Thomas Byrne (Meath East, Fianna Fail) | Oireachtas source

In answering some of the questions posed, there is a need to ensure that all members of residents associations are aware that a judicial review is being taken. This is important. We must ensure there is authorisation to do this and that the residents association is properly set up. This is a reasonable thing to do. Many residents associations take it upon themselves not only to have a constitution, which Deputy Ó Broin seems to diminish the importance of, although it has always been the first item on the agenda of any residents association I have set up, but to go further and establish an incorporated company limited by guarantee.

In the context of the requirement for an affidavit, the Deputy suggested that this could delay matters. Every judicial review is founded on an affidavit that the person taking the review submits. In this case, there is an added requirement in terms of an affidavit. This certainly does not add to any burden for anyone taking a case in this context. It does, however, ensure that it allows unincorporated bodies, such as residents associations, although we are not just talking about residents associations, to take judicial reviews with some minimal governance tests. This differs from the draft version of Bill, which proposed that such organisations would either become incorporated, so we are not requiring this anymore, or undertake the judicial review as a collective of individuals, which is clearly more difficult.

The revisions from the draft Bill take account of the recommendations from the Joint Committee on Housing, Local Government and Heritage and stakeholders' input that called for the inclusion of unincorporated bodies, such as residents associations. I refer as well to the requirement for incorporation as a legal entity, which many associations would do anyway. We are not, however, specifically requiring that as part of this legislation. What is being put forward are some minimal requirements to ensure good faith and good governance arrangements when these cases are being taken. I refer to the idea that an affidavit is going to delay a court case when every court case will have an affidavit anyway, and, in some cases, multiple affidavits. This is simply not an additional requirement but simply protects the common good and the associations themselves.