Results 41-60 of 4,323 for speaker:Malcolm Noonan

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

Malcolm Noonan: On the planning court and speeding up JRs, the leave stage has become an unnecessary step. Removing it will lead to a quicker process. There is a time saving there.

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

Malcolm Noonan: As I said, I cannot put a figure on it.

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

Malcolm Noonan: Are we dealing with the costs-----

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

Malcolm Noonan: At present, a JR applicant may bring amended grounds beyond those originally filed in his or her application. This is one of the time savings that can accrue from this change. Amended grounds can cause significant delays to the court and the defendant, as they consider the merits of each new amended ground. The Bill reforms this by requiring that an application for a judicial review may...

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

Malcolm Noonan: I have spoken-----

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

Malcolm Noonan: I have responded, but I will just read this out.

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

Malcolm Noonan: Among the positive reforms contained in Part 9, which amendments No. 954, 955 and 956 seek to remove, applicants will no longer need to apply to the High Court for leave to take a judicial review case. This change will save time and cut expense while improving access to justice. Applicants will still need to demonstrate that they have sufficient interest and standing to take the case....

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

Malcolm Noonan: This is bringing back memories for me because I was one of a number of plaintiffs, shortly after when the Aarhus Convention was enacted here, who were seeking a not prohibitively expensive order from the High Court to take a case. That was very early days in terms of Ireland's compliance with Aarhus. It is really important that we get this right. It is a very important provision that the...

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

Malcolm Noonan: When the new scale of fees comes into effect? Is that the question the Deputy is asking?

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

Malcolm Noonan: This can only be a positive in terms of groups and NGOs, in particular, and their ability to take JRs in confidence that the legal costs are not going to be burdensome. That is what the spirit of Aarhus is about in terms of access to environmental justice. It is absolutely a positive. As I said, the regulations still have to be drafted on foot of the public consultation process, so I...

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

Malcolm Noonan: This is the enabling legislation and it is in the regulations that the detail-----

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

Malcolm Noonan: We are on the working group for that.

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

Malcolm Noonan: The aim is to have this scheme as efficient as possible and not to deter people from taking JRs.

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

Malcolm Noonan: No, that is what will happen.

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

Malcolm Noonan: I will just give the elements that the departmental group is considering: the appropriate rates for different types of legal work under the scale of fees appropriate to the superior courts; the financial assessment criteria for all applicants, including NGOs and unincorporated bodies, and the practicality of their application; the funding arrangements for the financial assistance mechanism;...

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

Malcolm Noonan: As I said, that process is under way and this will emerge from the public consultation as well.

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

Malcolm Noonan: Yes.

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

Malcolm Noonan: No.

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

Malcolm Noonan: It has to follow the principles of Aarhus. It does not matter what government is in place. It must obviously follow the Bill when it is enacted as well. There will not be an inconsistency regardless of what government is in place. It has to follow the principles of Aarhus and that is what this Bill sets out to achieve and what the regulations will achieve once they go through their process.

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

Malcolm Noonan: We do not have to use that specific language to give effect to what the State is required to do under Aarhus. We have to do give effect to it but we do not have to use the specific language in the Bill.