Results 121-140 of 13,605 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: 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...

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

Eoin Ó Broin: I had two other questions concerning why there is a requirement for two thirds of the members and regarding the chill factor and fear of strategic litigation.

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

Eoin Ó Broin: It was about the chill factor and the fear of strategic litigation.

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

Eoin Ó Broin: When bodies representing residents associations, then, like the Dublin Democratic Planning Alliance, came to this committee during pre-legislative scrutiny and expressed a direct concern about exposing members of the residents associations beyond the officer board to strategic litigation against public participation undertaken by developers, including cases where this has actually happened,...

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

Eoin Ó Broin: For whom is it not a concern?

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 Cathaoirleach.