Oireachtas Joint and Select Committees

Wednesday, 9 July 2025

Committee on Infrastructure and National Development Plan Delivery

Judicial Review and Appeals Process: Engagement with Courts Service

2:00 am

Photo of Réada CroninRéada Cronin (Kildare North, Sinn Fein)

We touched on the Heather Hill case earlier. There was a quote from Supreme Court Justice Brian Murray. He warned the Government about changing litigation. It took a decade to catch up with litigation to sort things out after the previous planning Act. The changes to multiple other factors will be a multiple of that. We hear from the Government that there are lessons learned, but are we really learning lessons when every time we change the law, we open the door? Ms Denning said earlier that every time the law is changed, people like to test it. Every time we change the law, we open the door to more litigation. I hear there could be a tsunami of litigation coming down the track. Does Ms Denning feel lessons are learned? Mr. Justice Murray's quote on the Heather Hill judgment is long to read out, but he stated:

In a period of a little over a decade, the provisions intended to give effect to the ‘not prohibitively expensive’ requirements of the Aarhus Convention (which I refer to throughout this judgment... ) have generated at least thirty-five reserved judgments of the High Court, four decisions of the Court of Appeal, three references to the Court of Justice of the European Union, one judgment of that Court (so far) and, now, this decision of this Court.

Considering the multiplier effect that this can have, what advice does the body have? I am not asking for Ms Denning's opinion.

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