Results 7,821-7,840 of 28,221 for speaker:Darragh O'Brien
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)
Darragh O'Brien: I set out at the outset of Committee Stage that in everything that we have done, we have made sure that the Aarhus Convention is central to the Bill and that it is compliant with it. I will not go into the specific details of conversations on specific items that we have had with the Attorney General. I have explained where the advice came from. We have taken on board recommendations in...
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)
Darragh O'Brien: Is that from amendment No. 76 onwards?
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)
Darragh O'Brien: We can go through that when we get back here.
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)
Darragh O'Brien: I will try to deal with this. Deputy O'Callaghan has just spoken about his amendment. Several amendments, namely Nos. 99 to 103, inclusive, are related. They all relate to the inadmissibility of declarations. They cannot be accepted as they seek to deem the relevant declarations as "conclusive evidence", which cannot be pre-emptively done in the legislation as the facts of the case will...
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)
Darragh O'Brien: I have explained it. The amendments seek to deem the relevant declaration as conclusive evidence. That cannot be-----
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)
Darragh O'Brien: There is legal advice from the Attorney General stating the declarations cannot be deemed to be conclusive evidence. That concerns first- and third-party roles. If legally binding, the court cannot consider the background. It has to take it at face value. There is very strong advice to the effect that the Deputies' amendments seek to deem the relevant declarations to be conclusive evidence.
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)
Darragh O'Brien: It can be used as evidence. It can be entered into court proceedings, but you cannot look into the background. That would be a matter for the court.
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)
Darragh O'Brien: I am advised that only the first party could use it.
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)
Darragh O'Brien: It is related to what we were talking about regarding section 10.
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)
Darragh O'Brien: First, it is not binding evidence. The Deputy is asking whether a section 5 notice that has been served could be used-----
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)
Darragh O'Brien: On the first question, a declaration only relates to a point in time.
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)
Darragh O'Brien: The exemption thresholds could change in the intervening period. I would have thought that we would need to review the law that was in place at the time the works were carried out. The interpretation of the legislation would then be a matter for the courts. The Deputy is asking how, if someone submitted it under the existing Act, it would be dealt with on the enactment of the legislation...
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)
Darragh O'Brien: Let me just check that.
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)
Darragh O'Brien: I know they are transitionary measures. Is the Deputy asking what will happen if it is before the courts already and the legislation before us is enacted?
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)
Darragh O'Brien: No, it does not have a retrospective effect. It is lodged in the courts under the existing legislation in the context of the position that obtains now.
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)
Darragh O'Brien: We are going to work on section 10, as we discussed already, with regard to third-party interactions. That just goes forward from the enactment of this legislation. When enacted, the legislation will apply to any new applications. Should such applications go forward to court, that will happen in the context of the provisions of this Bill. There is no retrospection in respect of this matter.
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)
Darragh O'Brien: Yes.
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)
Darragh O'Brien: Yes.
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)
Darragh O'Brien: I do. Prior to this, we had a discussion on section 10-----
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)
Darragh O'Brien: -----and how the third-party interaction will work in that context. We have committed to looking at that.