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Public Accounts Committee: 2018 Financial Statements of An Bord Pleanála (3 Oct 2019)

Seán Fleming: Will Mr. Egan separate the two headings?

Public Accounts Committee: 2018 Financial Statements of An Bord Pleanála (3 Oct 2019)

Seán Fleming: The case went to court and the board won or lost, as the case may be-----

Public Accounts Committee: 2018 Financial Statements of An Bord Pleanála (3 Oct 2019)

Seán Fleming: The costs have already been incurred.

Public Accounts Committee: 2018 Financial Statements of An Bord Pleanála (3 Oct 2019)

Seán Fleming: There is no order from the judge to say the costs are payable.

Public Accounts Committee: 2018 Financial Statements of An Bord Pleanála (3 Oct 2019)

Seán Fleming: What is the other heading?

Public Accounts Committee: 2018 Financial Statements of An Bord Pleanála (3 Oct 2019)

Seán Fleming: Those costs must be paid.

Public Accounts Committee: 2018 Financial Statements of An Bord Pleanála (3 Oct 2019)

Seán Fleming: Legal fees are a big percentage of the costs. It is next in size to payroll.

Public Accounts Committee: 2018 Financial Statements of An Bord Pleanála (3 Oct 2019)

Seán Fleming: I know it is a contentious area.

Public Accounts Committee: 2018 Financial Statements of An Bord Pleanála (3 Oct 2019)

Seán Fleming: It is. Has the board been taken to a European court? It is an expensive process.

Public Accounts Committee: 2018 Financial Statements of An Bord Pleanála (3 Oct 2019)

Seán Fleming: Many citizens take cases against the board in those courts as well.

Public Accounts Committee: 2018 Financial Statements of An Bord Pleanála (3 Oct 2019)

Seán Fleming: Does the board have a panel of senior counsels? How many are on the panel?

Public Accounts Committee: 2018 Financial Statements of An Bord Pleanála (3 Oct 2019)

Seán Fleming: They could be on another case. They are not employed but are they on retainers?

Public Accounts Committee: 2018 Financial Statements of An Bord Pleanála (3 Oct 2019)

Seán Fleming: Is there a panel?

Public Accounts Committee: 2018 Financial Statements of An Bord Pleanála (3 Oct 2019)

Seán Fleming: I take it the board considers the success rate of the different senior counsels and specifically who keeps winning the cases. If somebody keeps losing, he or she would not be employed again.

Public Accounts Committee: 2018 Financial Statements of An Bord Pleanála (3 Oct 2019)

Seán Fleming: With respect to legal challenges, is there input from local authorities? It is about their decisions. The board makes an appeal but everything goes back to the local authority for implementation. Has compensation had to be paid on top of legal fees?

Public Accounts Committee: 2018 Financial Statements of An Bord Pleanála (3 Oct 2019)

Seán Fleming: Would it fall back to the local authority if compensation were to be payable in respect of an application refused for the wrong reason? It has not come across your desk yet.

Public Accounts Committee: 2018 Financial Statements of An Bord Pleanála (3 Oct 2019)

Seán Fleming: Some refusals may end up with compensation being owed.

Public Accounts Committee: 2018 Financial Statements of An Bord Pleanála (3 Oct 2019)

Seán Fleming: That is my point.

Public Accounts Committee: 2018 Financial Statements of An Bord Pleanála (3 Oct 2019)

Seán Fleming: With the 44 cases where legal costs had to be paid, would additional costs fall to the local authorities?

Public Accounts Committee: 2018 Financial Statements of An Bord Pleanála (3 Oct 2019)

Seán Fleming: A notice party.

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