Malcolm Noonan (Carlow-Kilkenny, Green Party) | Oireachtas source

In response to amendment No. 111 proposed by Deputy Ó Snodaigh, given the discussion we have had and the amendments I brought forward to section 41, will the Deputy consider withdrawing some of the corresponding amendments? As I mentioned earlier, the amendments I proposed follow the advice of the Office of the Attorney General, arising from Deputy O'Callaghan's queries on Committee Stage. Amendment No. 111 proposes to redraft the wording of section 41(2), while maintaining the purpose of the provision. However, I have proposed that this subsection be redrafted to take account of the wording used in the Aarhus Convention and to ensure uniform cost-protection rules apply to all licences issued under section 151. Amendment No. 114 intends to delete standard judicial review provisions in section 41(3) which sets out who is entitled to apply for judicial review under the Bill. These requirements are necessary for the operation of the judicial review regime. I am unaware of any judicial review provisions on the Statute Book that exist without such requirements.

With regard to amendments Nos. 118, 119 and 122, I have already proposed amendments to sections 41(6), 41(7) and 41(8). These subsections provide for cost protection and set the eight-week time limit for bringing judicial reviews under the Bill. As I have already explained the rationale for these, I ask the Deputy to consider withdrawing amendments Nos. 118, 119 and 122.

In any event, unfortunately, I will not be in a position to accept them.

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