Results 3,541-3,560 of 15,248 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: Why? What is the rationale for that?

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

Eoin Ó Broin: My not understanding this could just be because I am not as familiar with this process. Is it that the current practice of the courts, whereby a section 5 declaration is treated as conclusive evidence, is a problem whose solution is to not allow it to be admissible at all? Is there not a better way of dealing with that, namely, to find a mechanism by which the declaration is not deemed...

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

Eoin Ó Broin: However, section 11(2) states, "Subject to subsection (1), a relevant declaration shall not be admissible in evidence in any proceedings relating to the act, operation or change in use in respect of which the relevant declaration was made." In that case, it is not admissible.

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

Eoin Ó Broin: So it is admissible in the case of a first party but not a third party.

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

Eoin Ó Broin: Does that relate to section 5 declarations issued up to the enactment of this Bill, or does it mean that any declaration under what will be section 10 after the enactment of this Bill could be submitted as evidence by the first party but not by the third?

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

Eoin Ó Broin: The opposite. My question is twofold. First, will the prohibition in subsection 11(2) apply to a court case after the enactment of this Bill, but with respect to a section 5 declaration issued under the legislation as it stands? Second, will it also apply to what will be a section 10 declaration once this Bill is enacted, whereby a third party will not be able to submit it as evidence...

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: 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.