Cian O'Callaghan (Dublin Bay North, Social Democrats)
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I have four short questions. The first concerns substitute consent. How can we be 100% sure that in all cases, all the information the board will be considering on the issue of exceptional circumstances at the substantive stage will be available to the public so that it has an effective opportunity to comment on it, both for pending cases and when new consideration is to be undertaken? I refer also to new cases where some of the information pertaining to exceptional circumstances may have been considered in the closed notice or leave stages, which are not open to the public. Will that information be made available when the application is made?

Second, what will happen with substitute consent cases that went through under the old provisions which the Supreme Court has ruled against? The judgment has implications for other gateways to substitute consent, such as section 177B.

Third, if substitute consent is granted under the Planning and Development Act 2000, what happens to the other assessments and conditions which may also be compromised under other sectoral environmental impact assessments? These might also be required for development under the Environmental Protection Agency Act 1992 or the Gas Act 1976.

Finally, does the wording "considering whether exceptional circumstances exist" in section 177D(2) conform to the high bar required by the European Court of Justice for regularising consents granted in breach of the EIA directive?