Results 6,121-6,140 of 14,943 for speaker:Eoin Ó Broin
- Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)
Eoin Ó Broin: Is that not a significant change from the current regime?
- Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)
Eoin Ó Broin: I am not asking if it is a good or bad thing. Let us imagine for a moment that I am neutral on this. I want to know if that double test for initiating a judicial review is a change from the current regime, particularly with the requirement to have been directly or indirectly materially affected.
- Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)
Eoin Ó Broin: Where is the legal definition of "directly or indirectly" or is that just set out in case law?
- Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)
Eoin Ó Broin: I am asking if those tests are applicable today.
- Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)
Eoin Ó Broin: So there is no material change in this thing?
- Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)
Eoin Ó Broin: I will come back with a few follow-up questions after the others have come in.
- Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)
Eoin Ó Broin: It is set out in section 10(c)(4).
- Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)
Eoin Ó Broin: It gives the definition of "sufficient interest" there. Does it not?
- Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)
Eoin Ó Broin: My time is up so I will come in after the others if that is okay.
- Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)
Eoin Ó Broin: The crucial point is the word "or". You have to have sufficient interest and then there is another option. The three parts of the question I asked relate to the changes to individuals, to groups of individuals and to companies. Nobody changes things for no reason. With those changes, are there groups that would not be able to initiate a judicial review on one of these changes in the same...
- Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)
Eoin Ó Broin: In some senses it is either to have the benefit of the cost protection regime that is in place or to enable the individuals initiating a judicial review to be held liable for costs in such a case.
- Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)
Eoin Ó Broin: When we use the phrases "vexatious" or-----
- Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)
Eoin Ó Broin: In all cases a judge has to give leave for a judicial review so I presume we are not suggesting that when leave is given it could be vexatious or frivolous at that point.
- Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)
Eoin Ó Broin: This is my point. The costs only rack up after the judicial review. You get your leave.
- Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)
Eoin Ó Broin: We are just talking about the process.
- Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)
Eoin Ó Broin: It is not a question of the granting of leave but of sum-up after the leave is granted.
- Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)
Eoin Ó Broin: Who decides? "Vexatious" and "frivolous" are not legal terms.
- Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)
Eoin Ó Broin: I refer to that facility for correcting errors in fact and law to allow the decision to grant and proceed. Was analysis done on how many such cases there were?
- Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)
Eoin Ó Broin: How often does it come up or how regular is it? I presume that the issue is that a judicial review is taken on the basis that when a decision is granted, there clearly is some error of fact or law in the decision and the presence of that error of fact or law in the decision allows the decision to be struck out to the conclusion of the judicial review. On the other hand. when this facility...
- Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)
Eoin Ó Broin: I appreciate how Mr. Hogan just threw out the traffic survey and he might regret that. In the cases we know of and without naming any cases, what are the kinds of things that come out as errors of fact or law? The witnesses must have a sense of that.