Malcolm Noonan (Carlow-Kilkenny, Green Party) | Oireachtas source

I thank Senator Boyhan for raising this issue. I share his concerns and his interest in the Aarhus Convention and public participation in general. I am glad of the opportunity to update Senators on the reform of the judicial review provisions in the Planning and Development Act and the related matter of the proposed establishment of the environmental and planning court, both of which are important commitments in Programme for Government: Our Shared Future.

The general scheme of the Housing and Planning and Development Bill 2019, which was published in late 2019 and has since been the subject of a public consultation process, sets out an initial outline of the revisions to the judicial review provisions in sections 50 to 50B of the Planning and Developments Acts. The general scheme was incorporated in the Government's legislation programme for the autumn session of 2020 among the list of the general schemes to undergo pre-legislative scrutiny. However, given the range of other legislative measures proposed by my Department for scrutiny by the Joint Committee on Housing, Local Government and Heritage in the earlier period of the current Government's tenure, it was not possible to progress the general scheme as envisaged.

Further to the programme for Government commitment on the judicial review provisions and having regard to the increasing number of judicial review challenges being taken against planning decisions, particularly regarding large-scale housing developments such as the SHDs, which is undermining efforts to increase housing supply, combined with the knock-on implications for project delivery, including strategic infrastructure developments under the national development plan required to meet the demands of a growing economy, the Government is now anxious that the legislative process on reforming the judicial review provisions can be activated and progressed as soon as possible.

My Department is currently engaging with the joint Oireachtas committee on the arrangements in this regard and I hope the process can be facilitated at the earliest opportunity. However, I assure the House that it is intended that the reforms of the judicial review provisions would be in line with our EU law obligations on public participation under the Aarhus Convention.

With regard to the proposed new environmental and planning court, it is intended that it will be established as a division of the High Court simultaneous with the coming into effect of the judicial review reforms. My Department has already been engaging with the Department of Justice on the legislative and practical aspects associated with the establishment of the new court, which will require the resourcing of further dedicated judges upon establishment.

I support Senator Boyhan on the points raised. Public participation is and should be a cornerstone of our democracy. I was involved in cases to test the early provisions of the Aarhus Convention when it came into effect in Irish law. It is critical that community groups and NGOs have the right to participate fully in our judicial system when it comes to planning. I support that. There is a commitment within the programme for Government to move away from token consultation towards a more participative and inclusive planning system. That is something we would all more than welcome.