Results 1,441-1,460 of 14,941 for speaker:Eoin Ó Broin

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

Eoin Ó Broin: The three amendments are really interrelated

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

Eoin Ó Broin: For the record, what this does is substitute the equivalent of section 50A of the existing Planning and Development Act after the insertion of the equivalent of section 50. It does not carry forward some of the concerning requirements with respect to undertakings. Again, that is something we dealt with dealt with in a previous amendment, which should not be controversial as the Bill deals...

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

Eoin Ó Broin: I am good.

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

Eoin Ó Broin: Then we are in the same position. The Minister of State is saying this can only be positive but he has no idea what it is. How can he come to the committee and say this can only be positive from the point of view of environmental and non-governmental organisations when he does not actually know what is being proposed? That is the fundamental problem. It is important that we disentangle...

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

Eoin Ó Broin: There will also be separate legislation from another Government Department that the Minister of State has no sight of because it has not been written.

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

Eoin Ó Broin: Will the Minister of State tell the committee what the cost regime and legal aid are going to look like? How will he convince us that this is not going to be as appallingly inefficient and unfair as the existing legal aid scheme is for other matters?

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

Eoin Ó Broin: We know all of that. That is not the issue. What we want to know is the detail. For example, the current legal aid scheme has all sorts of restrictions with regard to reducing costs and cutting costs that deny people access to legal representation on their day in court and a whole range of other matters. The Minister of State wants us to dispense with the current regime that is in place....

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

Eoin Ó Broin: The Minister of State does not know it is going to happen. He might not even be in government when those regulations come out, and they could be very different from what he has been promised.

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

Eoin Ó Broin: That is the problem. The Minister of State has told us what the group is going to consider. What he has not told us is what the outcome of that consideration has been. Of course, he cannot tell us that because it has not been decided.

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

Eoin Ó Broin: I will deal with the matter I wished to raise when we get to the relevant section, just to be helpful.

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

Eoin Ó Broin: I move amendment No. 955: In page 441, between lines 4 and 5, to insert the following: “Supplemental provisions 250. (1) In this section— “Court”, where used without qualification, means the High Court (but this definition shall not be construed as meaning that subsections (2) to (6) and (9) do not extend to and govern the exercise by the Supreme Court of...

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

Eoin Ó Broin: Before we move on, can I confirm that we are going to go through the other sections in this bit afterwards?

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

Eoin Ó Broin: Section 251(2) at the top of page 442 states: A person shall not— (a) question the validity of any decision made or act done in the performance, or purported performance, of any function under this Act by a relevant body, or (b) question the alleged failure of a relevant body to perform a function referred to in paragraph (a) From memory, I thought we had removed or amended...

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

Eoin Ó Broin: That does not answer the question. What I am trying to understand is what this prohibits because it clearly prohibits something. Does it prohibit other kinds of legal actions?

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

Eoin Ó Broin: That is as opposed to civil or criminal proceedings.

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

Eoin Ó Broin: Am I correct that such a formulation elsewhere in the text of the Bill has been amended? That formula of words is repeated elsewhere and I had thought there had been amendments altering it.

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

Eoin Ó Broin: Okay.

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

Eoin Ó Broin: This is essentially to exclude somebody from the legal aid scheme, as I keep calling it, where he or she has been found by a court to be instigating the proceedings purely on the grounds of delaying the development or securing the payment of money. That would be the court considering the judicial review, or would it be a separate court action being taken?