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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: 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?

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

Seán Fleming: Is this encouraging more cases?

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

Seán Fleming: If you do have grounds, you are scot free.

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 barristers?

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

Seán Fleming: Thank you for explaining that. Sorry, Deputy Tóibín.

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

Seán Fleming: The next speaker was meant to be Senator Cathal Byrne who is in the Seanad Chamber. Senator Stephenson may come in now and then we will go back to Senator Byrne when he comes back in from the Seanad.

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

Seán Fleming: Following on briefly from that, I commented on the excellent report the Courts Service published earlier this week. I have seen the report and looked at some of it. It has a big section of about 80 pages on the year in numbers. There is phenomenal information in it for people who are interested. Is it possible next time to maybe have the information the Senator is referring to in terms of...

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

Seán Fleming: Can the Courts Service categorise them without asking? Can it categorise judicial reviews? I am looking at the report and it goes down to the details where one party is suing another under family law. It has outstanding information. It mentions commercial issues and commercial courts, examinerships, childcare orders, supervision of care orders and domestic abuse. It has phenomenal...

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

Seán Fleming: To identify that.

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

Seán Fleming: Right. You get the point. I am still complimenting you on the detail you have in there.

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

Seán Fleming: There is a PhD there for somebody. I thank the Senator. The next speaker is Senator Cathal Byrne because he was out of the room, and we said we would bring both Senators in.

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

Seán Fleming: Will Ms Denning be able to provide information on the percentage of cases that go through the expedited procedure? If she does not have that to hand, perhaps she might send it on to us. Further to what she said, I have often heard people say when they are not happy with a development, "Sure, we'll go for a judicial review and it'll take as long as it takes." They feel the other side...

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

Seán Fleming: Does the judge ever offer the parties six months and if they are not back with their stuff, he will dismiss the case, make a ruling or whatever? Can that happen? Does that happen?

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