Results 141-160 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: In most instances, it is unlikely an unincorporated body would have assets, means or an income. I do not think it will be an issue for those bodies. I am trying to think of an unincorporated body that-----

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

Darragh O'Brien: We are not going to means-test the individuals.

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

Darragh O'Brien: No. That would not be the intention. I have not seen the most up-to-date draft, but we would not be means testing. We have already dealt with this. Let us take a residents' association that is properly incorporated. The decision is recorded and the residents' association and those taking the case are named. We would not means-test the people.

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

Darragh O'Brien: No, because they are members of a properly incorporated body under what will be the Act.

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 envisage it being the individuals at all. It is the body.

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

Darragh O'Brien: Yes, the entity itself. That is the type of work that is being teased out right now, but I do not envisage that one would look at a residents' group and means-test each of the individual members.

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

Darragh O'Brien: The scale of fees is important because it works for everyone in that instance. Section 266(3) provides for that as follows: (3) Before making regulations under subsection (2), the Minister for the Environment, Climate and Communications shall have regard to— (a) the need to ensure that proceedings to which this Chapter applies can be taken by applicants in a manner that is not...

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

Darragh O'Brien: I understand the point the Deputy is making. The scale of fees is set and if people want to go further, they pay themselves and that is not recovered.

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

Darragh O'Brien: The Deputy is saying that, effectively, it is not the recovery of fees, it is the scale of the team and so forth.

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

Darragh O'Brien: I will share what my team is saying. We will use Britain as an example. The system has adjusted to that and it will adjust, but it is important there is an appropriate balance. That will also be based on experience. I am also aware that we are discussing this section without having the draft costs scheme.

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

Darragh O'Brien: Yes, I understand that challenge and respect it fully. The Minister of State, Deputy Noonan, has outlined the guiding principles. I am trying to explain the road of travel on this and what the parameters of it will look like. I can assure the Deputy and all members of the committee that the public consultation and Oireachtas input will be very important in ensuring the scheme strikes the...

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

Darragh O'Brien: We have done an immense amount of work on this and the structuring of it with the Attorney General and his office. We had input into this in the preparation of the legislation through our team of senior counsel who have been very involved in these cases. What I would say to those who have raised what they see is as legitimate concerns - we take that on board as they are commenting, as they...

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

Darragh O'Brien: I suppose-----

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

Darragh O'Brien: To counter this, I listen to the views that people have. When we are looking at cost containment, for some it might not be welcome. In some instances the cases taken can be paid for and the fees can be lucrative for some businesses. I understand that. We want to be fair and we will be fair. It is right and correct that, as a Government, we manage the resources of the State appropriately....

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

Darragh O'Brien: For those who make a living from cases and run firms, bringing in a cost scheme may reduce this in some instances. It would be natural for some of them not to welcome it. I will engage positively and openly with them through the public consultation process.

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

Darragh O'Brien: The Chief State Solicitor's office pays the cost.

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

Darragh O'Brien: The Office of the Planning Regulator did some research on this. It has been furnished to the Department of the Environment, Climate and Communications to help it.

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

Darragh O'Brien: We have not actually published it. We are waiting to see what the response to it is. It is a piece of work done by the Office of the Planning Regulator. For example, with regard to legal costs, An Bord Pleanála paid €10 million last year.

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

Darragh O'Brien: It is substantial. The Office of the Planning Regulator research was done and it is with the Department of the Environment, Climate and Communications. We cannot publish it yet. The Department is working through it.