Seanad debates
Tuesday, 16 May 2006
Planning and Development (Strategic Infrastructure) Bill 2006: Report and Final Stages.
4:00 pm
Dick Roche (Wicklow, Fianna Fail)
The amendments propose that the eight-week period for making an application for leave to apply for a judicial review should begin on the date of the making of the railway order or the date on which a copy of the relevant extracts from the railway order and the plan referred to therein are served on every, if any, occupier and every, if any, owner of the land. I do not propose to accept the amendments. The board must publicise the making of a railway order as early as possible following the decision and that will facilitate extensive notification of the making of the order. As a consequence, I consider it inappropriate that the eight-week period should begin on the date of the making of the order. It is also critical that any challenges should be taken as quickly as possible. I cannot extend the time limit potentially indefinitely and that would be an unforeseen consequence of the Senator's proposals. His amendments could also introduce a degree of confusion into the timeframe for the start of a legal challenge. We do not want to create another opportunity for legal challenges. For those reasons, I cannot accept these amendments, but I did consider the points made by the Senator.
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