Alice-Mary Higgins (Independent) | Oireachtas source

I move amendment No. 34:

In page 10, to delete lines 24 to 27.

This amendment cuts to one of the problems with this section. The concern of amendment No. 34 is the deletion of the new subsection (15) which it is proposed to insert into section 50A of the principal Act. I am concerned that the language in this section is inappropriate. I will speak to subsection 15 and then outline my overall problems with the section. The new subsection (15) proposed in this Bill states, "The Supreme Court shall act as expeditiously as possible". The Oireachtas is on shaky ground by producing legislation telling the Supreme Court how to do its job in that regard and, indeed, how quickly and at what pace. It does not seem appropriate to state that the Supreme Court should act as "expeditiously as possible consistent with the administration ... in determining any application". The Oireachtas telling the Supreme Court to speed up a particular area of appeal is a bit questionable.

I will come back to my overall concerns with this entire section. It is not clear what the purpose of this section is and why it is in this Bill, because it does not directly relate to long-term, large-scale residential development. It is a change in the principal Act. It is a change in the normal flow of events in regard to appeals. As I understand it, there were already some provisions for leapfrogging. However, I am not clear on what the change is. Is it being changed from being a situation whereby an applicant, for example, in the case of a judicial review can leapfrog? Rather than it being the case that an applicant can request to move from the High Court to the Supreme Court, any party can request to move to the Supreme Court. What are the purposes and drivers of this? I refer to the skipping of the Court of Appeal. The Court of Appeal has not really been a major feature in the judicial reviews we have seen. Only one strategic housing development has been taken to the Court of Appeal. Most have been dealt with in the High Court.