Results 41-60 of 13,534 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 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?

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 ...".