Seanad debates

Wednesday, 3 May 2006

Planning and Development (Strategic Infrastructure) Bill 2006: Committee Stage (Resumed).

 

6:00 pm

Photo of Dick RocheDick Roche (Wicklow, Fianna Fail)

It is not quite that simple. The board must publicise the making of a railway order as early as possible upon making the order. That will facilitate wide notification of the making of the order and as a consequence it is appropriate that the eight-week period start on the date of the making of the railway order. As the Senators know, it is critical that any challenges are taken as quickly as possible after a decision so that the railway operator can be certain how to progress. That is why we have the eight-week limit and we cannot extend it potentially indefinitely, as the amendment proposes.

The Senator's amendment could also introduce a degree of confusion as there may be some difficulty with serving a notice. If we want to continue within the timeframe of the Bill, the eight-week period we have set is the best way forward. The amendment proposes that the eight-week period for making an application for leave would begin on the date the order is made. There is certainty in doing it in the way proposed while there is a degree of uncertainty and potential for confusion in the way proposed by this amendment.

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