Brendan Howlin (Wexford, Labour)

I wish to refer to the Minister's amendments. I am concerned that the formula would be that if the statutory timeframe set out is not adhered to the licence would be deemed to have been refused. In most other instances, for example, planning permission, with which the Minister is conversant, it is deemed to be granted if it has not been dealt with in the proper statutory period. That is seen to put pressure on the regulatory authority to do the job in the timeframe set out.

There might be unique circumstances in which this might not happen but there should be some other mechanism whereby it goes to another authority. If, due to some unique set of circumstances, the normal statutory provision cannot be complied with, which is not the applicant's fault, he or she should not have the double burden of trying to reverse a refusal and the expense of going to court to do so. It seems it is not a citizen-friendly way to constitute the law. It might suit those involved in the administration to say that the citizen will have to carry the burden if the administration cocks up, but that is not the way normal things work anymore. The administration is expected to be efficient and to deliver for the citizen. The citizen should not be doubly burdened when the administration cannot deliver within the timeframe set out by the Oireachtas, for whatever reason.

See this speech in context