Ms Sin?ad Lucey:

Obviously, if it is a matter that is going to go to the court, it is for the court to determine whether it is a breach of planning. In any event, either somebody has a valid defence to that claim or they do not. If they have no defence, legal aid will neither be of assistance to them nor would it be a good expenditure of public money. Where we have seen planning legislation coming into play it has been used as well against what you would call roadside Travellers with no accommodation. That was the situation in the case I mentioned earlier, namely, Clare County Council v. McDonagh. While the legal process may be under the planning Acts, the real issue may be an absence of access to adequate accommodation. In those circumstances, there can be a good defence to planning enforcement and it would certainly be important for somebody have access to legal aid and be able to put up a robust defence to a planning enforcement. FLAC is currently dealing with very much that situation in the case of a family who have nowhere else to go, but there is a criminal prosecution being taken against them under the planning process. It just seems a very disproportionate measure in a context where a family is homeless and dependent on the local authority for their housing. That is on the planning point.