Results 1,681-1,700 of 15,170 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: 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?

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

Eoin Ó Broin: I am not opposed to it, by the way. It is just for clarity.

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

Eoin Ó Broin: It is going in there.

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

Eoin Ó Broin: This is the court that is hearing the judicial review.

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

Eoin Ó Broin: Under the subsection as it currently stands, where, for example, the court believes that the JR being taken is frivolous or vexatious, obviously, it does not proceed, but in that case they could still order costs against the person who is taking the vexatious JR. In the same way with this amendment, if, at any stage, during the core process the judge takes the view that here is what is going...

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

Eoin Ó Broin: They would automatically be excluded from the legal aid scheme.

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

Eoin Ó Broin: I thank the Minister of State for his time. The use of the word "disinfectant", though not intended to have impact it could have had, was an unwise choice. The Minister of State talked about sunlight being the best disinfectant for - what was the phrase?

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

Eoin Ó Broin: I know, but he used the phrase that "sunlight is the best disinfectant for ...".

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

Eoin Ó Broin: Okay. I am not so sure in this discussion it is the best choice of language, but how and ever. On the substantive point, with all these sections one of the things we are trying to understand is what problem the legislation is trying to fix. When significant changes to legislation are introduced, generally they are trying to resolve, fix or address a problem. It used to be pretty unheard...

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

Eoin Ó Broin: Sure, but there is plenty of time between listening to the question and answering it. The Minister of State should go ahead. I do not want to interrupt.

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

Eoin Ó Broin: Now that I have the Minister of State's attention, it used to be pretty unheard of-----

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

Eoin Ó Broin: We will see about that. For a long time it was virtually unheard of for residents' associations to take judicial reviews on residential developments. It was literally exceptionally rare. The surge of judicial reviews that took place a number of years ago has now significantly dissipated. There are fewer and fewer judicial reviews being taken by residents' associations, so I am trying to...