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Committee on Infrastructure and National Development Plan Delivery: Judicial Review and Appeals Process: Engagement with Courts Service (9 Jul 2025)

Seán Fleming: -----but ordinary people need to know precisely-----

Committee on Infrastructure and National Development Plan Delivery: Judicial Review and Appeals Process: Engagement with Courts Service (9 Jul 2025)

Seán Fleming: We are only interested in the planning side, not the immigration or other-----

Committee on Infrastructure and National Development Plan Delivery: Judicial Review and Appeals Process: Engagement with Courts Service (9 Jul 2025)

Seán Fleming: For judicial review.

Committee on Infrastructure and National Development Plan Delivery: Judicial Review and Appeals Process: Engagement with Courts Service (9 Jul 2025)

Seán Fleming: You have lost the public there.

Committee on Infrastructure and National Development Plan Delivery: Judicial Review and Appeals Process: Engagement with Courts Service (9 Jul 2025)

Seán Fleming: You said, "To apply for judicial review, an applicant must show they are affected in some way by the decision they are challenging." Does that mean a person from Cork cannot appeal against a wind turbine application in Meath?

Committee on Infrastructure and National Development Plan Delivery: Judicial Review and Appeals Process: Engagement with Courts Service (9 Jul 2025)

Seán Fleming: That is the way I read that statement.

Committee on Infrastructure and National Development Plan Delivery: Judicial Review and Appeals Process: Engagement with Courts Service (9 Jul 2025)

Seán Fleming: If you had an objection or-----

Committee on Infrastructure and National Development Plan Delivery: Judicial Review and Appeals Process: Engagement with Courts Service (9 Jul 2025)

Seán Fleming: In other words, "To apply for judicial review, an applicant must show they were affected in some way by the decision they are challenging", or it is one of those limited number of environmental cases.

Committee on Infrastructure and National Development Plan Delivery: Judicial Review and Appeals Process: Engagement with Courts Service (9 Jul 2025)

Seán Fleming: Okay. I am with you so far. Then you said there is a 28% increase in planning cases this year. What do you attribute that to?

Committee on Infrastructure and National Development Plan Delivery: Judicial Review and Appeals Process: Engagement with Courts Service (9 Jul 2025)

Seán Fleming: Does the issue of common good as it relates to strategic infrastructure come into play? I am not asking you to give a view on-----

Committee on Infrastructure and National Development Plan Delivery: Judicial Review and Appeals Process: Engagement with Courts Service (9 Jul 2025)

Seán Fleming: That is why I am asking it. Does the Courts Service have a definition of the common good?

Committee on Infrastructure and National Development Plan Delivery: Judicial Review and Appeals Process: Engagement with Courts Service (9 Jul 2025)

Seán Fleming: At this stage, Deputies and Senators-----

Committee on Infrastructure and National Development Plan Delivery: Judicial Review and Appeals Process: Engagement with Courts Service (9 Jul 2025)

Seán Fleming: Okay. I will help you on this. These are administrators who run the Courts Service. There is no judge here. It is a matter for a judge to decide what the common good is in an individual case. The witnesses cannot comment about an individual case. We are here to find out how many cases there are, what the delays are, what the process is, and how long it takes. We are looking at the...

Committee on Infrastructure and National Development Plan Delivery: Judicial Review and Appeals Process: Engagement with Courts Service (9 Jul 2025)

Seán Fleming: Explain the Heather Hill case, please.

Committee on Infrastructure and National Development Plan Delivery: Judicial Review and Appeals Process: Engagement with Courts Service (9 Jul 2025)

Seán Fleming: Could you explain protective costs orders to the public?

Committee on Infrastructure and National Development Plan Delivery: Judicial Review and Appeals Process: Engagement with Courts Service (9 Jul 2025)

Seán Fleming: Does that mean they pay the costs?

Committee on Infrastructure and National Development Plan Delivery: Judicial Review and Appeals Process: Engagement with Courts Service (9 Jul 2025)

Seán Fleming: Has the applicant to pay their own costs?

Committee on Infrastructure and National Development Plan Delivery: Judicial Review and Appeals Process: Engagement with Courts Service (9 Jul 2025)

Seán Fleming: Who pays the balance?

Committee on Infrastructure and National Development Plan Delivery: Judicial Review and Appeals Process: Engagement with Courts Service (9 Jul 2025)

Seán Fleming: But you just said they might have to pay a small proportion.

Committee on Infrastructure and National Development Plan Delivery: Judicial Review and Appeals Process: Engagement with Courts Service (9 Jul 2025)

Seán Fleming: Can a person of straw, to use the old phrase, take an environmental case?

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