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)

I made the point that there could be difficulties with serving the notice and this could cause confusion. If there is a court challenge in the normal course of events and it is felt that there is a deficiency in the notice, or that the notice has not been sufficient to allow a person to seek the legal redress under discussion here, it would be a matter for the discretion of the courts to allow the person that additional latitude. If we were to take this route and open a question as to when the clock starts ticking we would have difficulties. By the board publicising the making of the railway order as early as possible, giving it due publicity and beginning the eight-week period from that date, everybody knows what is the period. If there is an issue with deficiency, if a person has a bona fide reason, for reasons we cannot foresee, to say he or she did not get enough notice, the court would take that matter on board in the event of a legal challenge. I would not be in favour of opening the door to legal challenges that may be vexatious.

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