Oireachtas Joint and Select Committees
Wednesday, 20 March 2024
Select Committee on Housing, Planning and Local Government
Planning and Development Bill 2023: Committee Stage (Resumed)
Eoin Ó Broin (Dublin Mid West, Sinn Fein)
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It is just to explain section 38(16). That subsection states:
Where, in any application for judicial review of a direction made pursuant to this section in accordance with the Rules of the Superior Courts ... and Part 9, the Court concludes that the Minister was not entitled to form the opinion that one or more of the criteria in paragraphs (a) to (d) of subsection (8) of section 36 is met, this shall not warrant the quashing of the direction where— (a) the Minister was also of the opinion that one or more of the other criteria in [the] paragraphs [mentioned] is met, and
(b) the Court finds that the Minister was entitled to form such an opinion.
I am looking for a plain English explanation as to what the purpose of this is. What does it do? It seems odd that a partial direction to a court proceeding seems to be contained in primary legislation. The Minister of State can correct me if I am wrong in reading that way.