Joe Higgins (Dublin West, Socialist Party)

Dhá nóiméad, go raibh míle maith agat.

I am not impressed by the provision for community gain. I recall fighting bad planning applications and rezonings in the 1990s where the landowner or developer, to secure a rezoning, would include a community centre or some other type of what I call a poisoned carrot.

The possibility of communities or individuals securing a judicial review with regard to projects is severely restricted by the requirements that before a judicial review is granted the judge must be satisfied, at a preliminary hearing before granting a judicial review, that there are substantial grounds for it and that the applicant has a substantial interest. What is a substantial interest? Will a community that might fear some detrimental effects, environmental or otherwise, be interpreted as having a substantial interest? It is left wide open.

In addition, they might have to give undertakings as to damages. That is a huge blow to the rights or ability of ordinary people to use the court in a last instance situation. This is my last point, a Chathaoirligh.

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