Eamon Ryan (Dublin Bay South, Green Party) | Oireachtas source

I move amendment No. 1:

In page 3, between lines 7 and 8, to insert the following:"1. The changes introduced by section 28(1)(a)(iii) of the Planning and Development (Housing) and Residential Tenancies Act 2016 are hereby commenced.".

This follows what the Minister said in his reply. I am trying to understand this. If as the Minister said, it was always intended that sections 28(1) and 28(2) would commence at different times, was there a mistake in how the legislation was originally written? Should that have been explicit? What is preventing applying that dual approach in terms of the original commencement?

The Minister said a transitional period is always needed in order to accommodate. Surely a developer who has one of the developments to which section 28(1) applies is now at risk if that developer now proceeds with the development, whether it is seen as a technical extension or otherwise. What is the legal position if there is a subsequent legal challenge and someone says that the commencement should have applied straight away? Surely that subjects that development to some risk of not being in compliance with European law.

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