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Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Thomas Byrne: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Thomas Byrne: I do not have all of that information, but they definitely can do it. It is provided for and is allowed under the Aarhus Convention.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Thomas Byrne: I cannot commit to doing that, but the Deputy can ask the Minister the question. However, there certainly has been a study done on this and we are satisfied this is a reasonable figure set at an appropriate level.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Thomas Byrne: That is determined in the environmental impact assessment that is part of the planning process.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Thomas Byrne: It is not just a company; it is a company or an undertaking incorporated under the laws of a member state that has limited liability and a constitution. Those are the criteria. It is of course similar to a company but it does not necessarily have to be a company incorporated under Irish law. It is to ensure we know they are properly established. The majority of non-governmental...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Thomas Byrne: The amendment seeks to delete section 258(4)(d)(iv)(II), which requires members of an unincorporated body, such as a residents’ association, that votes to proceed with a judicial review case to provide their names and addresses to the court as part of the affidavit supplied to the court with the judicial review application. Transparency is a fundamental pillar of the planning system....

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Thomas Byrne: We are actually not. This is about unincorporated residents' associations or unincorporated bodies. In the case of the incorporated bodies the Deputy has mentioned, the names and contact details of members of their boards are publicly available information. The shareholders of those companies would be listed in the share register of the company, which again is publicly available. I...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Thomas Byrne: The names of every board member are publicly available. Anyone taking a judicial review in these cases is able to apply for a contribution to costs under the financial assistance mechanism. It is reasonable to express the need to ensure there are appropriate governance arrangements, especially where money is involved.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Thomas Byrne: It is the case a board of directors has to approve a resolution in accordance with the constitution authorising the bringing of the act.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Thomas Byrne: The names and addresses are publicly available of board members and indeed the share register is publicly available.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Thomas Byrne: The point is the financial assistance mechanism is there. That is available and it is reasonable for the State to ensure there are appropriate governance arrangements where money is involved. That is one of the key reasons for transparency in these particular cases.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Thomas Byrne: Because they are not companies, essentially, and there are specific rules under company law for companies in this space.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Thomas Byrne: We are not saying that at all. Then again, some of them are, but we are not saying they are required to do that at all.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Thomas Byrne: I am sorry, but the onus in terms of registering as a company is far greater than what is required here.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Thomas Byrne: The Deputy is right. Her amendment has lots of merit. The Minister feels the issue the amendment deals with is already covered by amendments brought forward by Government, as well as what the Minister has said about giving consideration to bringing other amendments forward on Report Stage to deal with what he described as spurious planning submissions and appeals. Among the issues being...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Thomas Byrne: We are looking for transparency.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Thomas Byrne: "... for many matters".

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Thomas Byrne: I am listening, but I want to give a good answer also.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Thomas Byrne: I am in the hands of the Chair.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Thomas Byrne: I am in the hands of the Chair.

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