Seanad debates

Friday, 25 September 2020

Forestry (Miscellaneous Provisions) Bill 2020: Committee and Remaining Stages

 

10:30 am

Photo of Victor BoyhanVictor Boyhan (Independent) | Oireachtas source

I move amendment No. 19:

In page 5, to delete lines 7 and 8 and substitute the following: “(e) by the substitution of the following for subsection (6):
“(6) The decisions of the Forestry Appeals Committee can be subject to judicial review in the High Court.”.”.

This amendment relates to the fact that the forestry appeals committee's decision can be the subject of a judicial review in the High Court.

Before I talk further about the amendment, I am conscious of time, Members, votes and constructive debate. Some people in the House are aware of the Minister of State's intentions in respect of these amendments. I am not. I do not think anyone on this side of the House is. I say this to be constructive. Perhaps, with the Minister of State's agreement, a list of the amendments she intends to oppose could be circulated. Perhaps she is open to change, though, so I do not want to tie her hands in that regard. It would be helpful to everyone if we had some understanding of her intentions. If she is not going to accept the amendments, that is her prerogative, and I accept that, but such a list might speed up the whole process for everyone.

I return to the amendment.This is an important amendment and people have a right to recourse to natural justice and law. I refer to the courts and the separation of powers and the importance of that concept in our system of democracy and governance. I do not see why the Minister of State should have a difficulty with this amendment. Many of the members of her own political party have been successful in judicial reviews. As a matter of fact, I have given evidence and assisted many people with such reviews on planning and environmental matters.

The membership of the Green Party has a good, strong track record in this area. They would be disappointed if they were here today, because they are the environmental pillars who constantly go to the courts to vindicate their rights under the Constitution. It is an expensive remedy. Several eminent lawyers are among us, but recourse to law is a last resort for many people. It is a very expensive system, but it is there and it is an important one. I hope the Minister of State can support this amendment because it is important.

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