Results 541-560 of 9,810 for speaker:Thomas Byrne

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

Thomas Byrne: I am capable of doing both.

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

Thomas Byrne: In answering some of the questions posed, there is a need to ensure that all members of residents associations are aware that a judicial review is being taken. This is important. We must ensure there is authorisation to do this and that the residents association is properly set up. This is a reasonable thing to do. Many residents associations take it upon themselves not only to have a...

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

Thomas Byrne: First, the requirement is two thirds of the voting members, that is, those who actually vote. It is not a requirement for all members of the association, which would be a much greater burden. Again, this is a reasonable thing to do in terms of governance in respect of the big decisions that must be made. I am sorry. What was the other question?

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

Thomas Byrne: There is no chill factor and no fear of strategic litigation against public participation. This is about public participation. It provides for unincorporated bodies of the public to take cases, but just ensures some minimal level of transparency attaching to this aspect in the interests of the common good and of the members themselves who are purported to be represented by the association.

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

Thomas Byrne: This is not a concern. In fact, what I would say is-----

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

Thomas Byrne: Regarding this particular provision, the revisions and changes to the draft version of the Bill take account of the public participation at the joint committee by stakeholders such as those mentioned by the Deputy. We do not see this as an issue in the same way they do.

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

Thomas Byrne: The Chair can relax. I am not in any-----

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

Thomas Byrne: I have worked with quite a number of residents' groups, some of whom have sought judicial reviews. I say quite a number but it was actually not that many. They are highly organised and ready. These requirements would not impose any burden on them because, in some cases, they have gone to the court in Luxembourg. These are not extra requirements on them, in my experience. I also reject...

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

Thomas Byrne: It should be obvious and clear. If it is not, the Government will give guidance on that. Applicants are required to do this in general. It will be obvious in general, but if there is any issue with that, there is always recourse to the courts to get their support on that. In general, however, this will not present an issue.

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

Thomas Byrne: This is a regular feature of court actions where parties can be added. This is not related just to planning. The rules of the superior courts already have this for various types of cases. People are added at different stages. In general, however, on a judicial planning review, the notice parties will be very well known. If they are not, there are ways to facilitate that, and the...

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

Thomas Byrne: No.

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

Thomas Byrne: No.

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

Thomas Byrne: No. It is pretty standard.

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

Thomas Byrne: I move amendment No. 960: In page 443, line 9, to delete “relate,” and substitute “relate, or would relate if the proceedings were commenced,”.

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

Thomas Byrne: I move amendment No. 961: In page 443, line 10, to delete “relate, or” and substitute “relate, or would relate if the proceedings were commenced, or”.

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

Thomas Byrne: I move amendment No. 962: In page 443, line 11, to delete “relate,” and substitute “relate, or would relate if the proceedings were commenced,”.

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

Thomas Byrne: The situation here is that, in general, the applicant is not entitled to amend the statement after the judicial review proceedings have been commenced. The section does, however, allow the court to give leave to amend it, provided that the conditions in the section are met.

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

Thomas Byrne: Those in paragraphs (a) and (b) of subsection (2). The court has to be satisfied that there is good and sufficient reason for allowing the applicant to do so. Again, this puts it in the hands of the court. Paragraph (b) reads: "the circumstances that resulted in the failure to include the matter to which the amendment relates ... were outside the control of ... the applicant". Again, that...

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

Thomas Byrne: Yes. They have to go before the court, and it is entirely within the discretion of the court to take their case. There is a man here who knows more than I do about this.

Written Answers — Department of Culture, Heritage and the Gaeltacht: Sports Funding (17 Apr 2024)

Thomas Byrne: Any organisation seeking information regarding a grant under the Sports Capital and Equipment Programme can contact the Sports Capital Division of my Department via email at: sportscapitalprogrammes@tcagsm.gov.ie