Results 121-140 of 22,169 for speaker:Darragh O'Brien

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

Darragh O'Brien: Yes, absolutely

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

Darragh O'Brien: It is, and I am glad the Deputy asked that. There is no fear of restriction in that place. It would be at the discretion of the court. An individual, for argument's sake, as the Deputy said, on environmental grounds could be concerned about pollution of watercourses or potential pollution of watercourses. Somebody could absolutely make that case.

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

Darragh O'Brien: Yes.

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

Darragh O'Brien: They would be able to make that case. They would be able to put the argument forward that they are directly or indirectly materially affected and that would be adjudicated on by the court. Certainly, there is nothing to stop then making that case.

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

Darragh O'Brien: It would be the function of the court to decide upon that.

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

Darragh O'Brien: I have given a couple of examples in reply to Deputy Ó Broin. It could be familial ties. I am just giving examples but again this would be for the court to decide upon. A person would make the case. It could be that they regularly holiday in that place. Even though someone is not living in that particular area or adjacent to it, there is nothing to stop them bringing forward that...

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

Darragh O'Brien: No, absolutely not,

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

Darragh O'Brien: An individual will need to have been part of the process. Obviously, there are the prescribed groups. The individual would have had to make their observation at an earlier stage as is normal. It is not "materially" in the sense of financial loss or anything like that.

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

Darragh O'Brien: No. It is that it in some way actually affects the person. It is in that sense materially.

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

Darragh O'Brien: I would caution against giving an example on the basis that that would be something that the court itself would decide upon based on a submission made to the court.

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

Darragh O'Brien: Again, that would be for the court. I am not setting any restriction on that. It would be open to the court to make that decision. I am not being evasive; it would not necessarily be right for me to say. Obviously, we all have trust in the Judiciary, the independence of the process and indeed the judges themselves. It is open to anyone to bring forward and to make that case. That is why...

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

Darragh O'Brien: I move amendment No. 967: In page 448, line 7, to delete “the amendment” and substitute “the amendment referred to in subparagraph (ii) of paragraph (a) of subsection (1)”.

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

Darragh O'Brien: Under section 266(3)(a), (b), (c) and (d), what is really important is the need for equitable and orderly access to the courts for all persons to be ensured in accordance with law and the need to ensure the court and judicial resources are utilised for the common good and in the interests of justice. That obviously underpins it. The Minister of State, Deputy Noonan, mentioned that the...

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

Darragh O'Brien: In regard to process, the Minister for the environment is leading on this. The consultation there is between the Department of Justice, the Department of Public Expenditure and Reform, the Minister for the Environment and the Minister for housing, which is me in this instance. The public consultation will be just that, so when the draft costs scheme is published, it will go out and we will...

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

Darragh O'Brien: It is to take a judicial review. It has not had any-----

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

Darragh O'Brien: It is costs.

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

Darragh O'Brien: Yes, that is in Britain. I am not saying that is guiding us, but when we look at something like that and other costs schemes that are in place, they are not stopping people from taking judicial reviews. It is important that when people take a judicial review and win, their costs are covered. The other point the Deputy made was that in a number of instances people might take a judicial...

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

Darragh O'Brien: I do not have detail on the means test yet, but it will be a low bar.

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

Darragh O'Brien: It could, potentially, but they will be done separately. There will be a means test threshold for an individual and one for a group.