Tom Hayes (Tipperary South, Fine Gael) | Oireachtas source

Deputy McNamara spoke at length about his concerns that the restriction on the payment of compensation within the Bill will severely limit the instances where payments of compensation will be made. While it is true that the instances will be limited, the provision must be viewed in the context of ensuring the common good is served at all times. The circumstances in which compensation will not be payable will broadly include circumstances where the grant of a licence would negatively impact on the environment, good forest practice, public health or safety, protection from flooding or preservation of water quality or where the application was either inadequate or incomplete. Any application for compensation as a consequence of the refusal of a licence will be considered having regard to the individual circumstances of the case and whether one or more of the above-mentioned criteria is applicable. Greater detail will be included in the regulation that follows the Bill. In essence, a licence will not be refused without good reason. My Department will endeavour to work with landowners to explore all possible options before considering outright refusal which will always be a last resort.

As Deputy McNamara is questioning the constitutionality of the provision, I reiterate that it follows consideration of legal advice from the Office of the Attorney General arising from questions raised by the Deputy. I obtained the advice on Committee Stage and followed it through.

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