Results 3,241-3,260 of 14,941 for speaker:Eoin Ó Broin

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Eoin Ó Broin: Does this provision apply retrospectively to existing section 5 declarations?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Eoin Ó Broin: Sure.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Eoin Ó Broin: Yes, or in respect of a court case that is initiated quite shortly afterwards.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Eoin Ó Broin: Okay.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Eoin Ó Broin: That would mean that any existing section 5 declaration could be presented as evidence in any ongoing or future court case.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Eoin Ó Broin: This only applies to what would then be called a section 10 declaration.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Eoin Ó Broin: Does this mean that if I am the first party and I got the section 10 declaration, I can submit it as evidence but that if Deputy O'Callaghan wanted to submit the same evidence to court as a third party he will not be allowed to do so? If that is the case, it would seem unusual.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Eoin Ó Broin: Does the Minister see the question I am asking?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Eoin Ó Broin: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Eoin Ó Broin: Sure.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Eoin Ó Broin: Or in a newspaper.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Eoin Ó Broin: Given that this was a significant element of the PLS process and that was eight months ago, was there any discussion with the Attorney General or any consideration of how to fix this in accordance with the issues that were raised during PLS and subsequently? That was eight months ago. What I am saying is that this is not a new issue.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Eoin Ó Broin: Were there any-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Eoin Ó Broin: Other amendments in the group that relate to section 11 have not been dealt with yet. We have only dealt with the section 10 amendments. It is a bit confusing because it is called "Section 10 supplemental provision", but it is section 11.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Eoin Ó Broin: Yes, the second half of the grouping includes amendments Nos. 99 to 103. They are all in the same grouping.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Eoin Ó Broin: Sure, and I accept and respect we are.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Eoin Ó Broin: No. It is important to understand, notwithstanding the fact that some of this may change, the position in terms of what is there right now. If, on enactment of this legislation, I, as a developer or a landowner, submit a section 10 declaration request and get it and if that becomes subject to a legal challenge, I can submit it as evidence. It would not be conclusive evidence, but I can submit.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Eoin Ó Broin: However, a third party who might have a copy of that would not be allowed to submit it.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Eoin Ó Broin: I am genuinely interested in understanding why that would be the case. It is the same material, and potentially the same information, so surely both sides should have the right to submit it in evidence, particularly if it is not conclusive evidence, because, obviously, a court should be able to consider things in the round?