Jim O'Callaghan (Dublin Bay South, Fianna Fail)

First, on the bespoke legislation in respect of the drainage project, obviously that would be legislation coming from a different Department to the Department of justice. I have not given consideration to it. I hear what the Taoiseach had to say on it but that is a matter that would obviously have to come from the Minister for housing in respect of bespoke legislation. As the Deputy will no doubt appreciate however, introducing a piece of legislation to, in effect, determine the outcome of litigation that is put before the courts, can be subject to frailty. We need to be careful about that. I would like to see the planning Acts commenced as soon as possible. A huge amount of time in the previous Oireachtas was devoted to those Acts. We got them through the Houses of the Oireachtas and they should be commenced promptly. I will certainly speak to my colleague, the Minister, Deputy Browne, in respect of when it is intended to commence them.

Regarding the judicial review legislation that I intend to bring forward, it may not be enacted in time to deal with the Dublin drainage project; although sometimes when you look at the length of time these infrastructural projects take it may very well have an opportunity to deal with it. However, that legislation will put on a statutory basis the type of orders that can be made in judicial review applications. It is all very archaic in terms of orders of certiorari and mandamus. We need to set out what a court can do. We need to set out what the court has to take into consideration in its granting of any judicial review. We need to specify that a court cannot go down the route of engaging with a judicial review if there is an internal statutory appeal process available to an applicant under a statutory scheme. At present, with the greatest of respect to the other branch of Government, the Judiciary, we need to specify more precisely when the courts can intervene in judicial review. At present it is far too broadly available. I want to see a system whereby judicial review challenges are expedited and there are very specific grounds upon which it can be challenged, namely, the decision-making process was impacted and the basis for it will be set out in legislation.

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