Seanad debates

Friday, 17 December 2021

Maritime Area Planning Bill 2021: Report and Final Stages

 

10:00 am

Photo of Victor BoyhanVictor Boyhan (Independent) | Oireachtas source

I am conscious of time and the Order of Business for today as agreed, so I will be brief. It is important that we try to get these amendments dealt with. I will not add to the remarks of Senator Higgins. She has articulated it very well, which is important. I refer to locus standiand judicial reviews. The planning and development Bill 2019 will be coming back to the joint Oireachtas committee in January for pre-legislative scrutiny and review and we will be dealing with a whole range of judicial reviews. I do not want the message to go out that this Government is against judicial reviews. That is not the case. There have been controversies relating to agriculture, fisheries and a litany of other things but we must remember that citizens have constitutional rights.There is a separation of powers and people should have a right to a fair judicial review process. I want a fair, but robust, judicial process.

The message coming from Government is that it is against anyone who objects to anything. That is not the intention, but that is the message. Today is not the day to be talking about agriculture in Waterford and Kilkenny and all those sorts of issues. They will be dealt with through the courts, and appropriately. I think we will be surprised, but let us not pre-empt what will happen there.

We need to stand firmly. I acknowledge the Irish Environmental Network. People think its members are a bit wacky and a bit crazy, but they are not. They have engaged well. Indeed, they are funded by the Department. It is interesting that on the one hand we have issues with some of these environmental groups, but on the other hand they are being funded by Government. That is healthy. That is not a criticism. It shows a sense of our own maturity about systems.

In terms of the locus standi, the proposal is that where the applicant is a body or organisation other than a State authority, a public authority or governmental body or agency, that its aims or objectives relate to the promotion of environmental protection, and that it has, during the period of one month preceding the date of the application, pursued those aims or objectives, it shall have locus standito pursue the judicial review and be deemed to have sufficient interest.

I am familiar with many of the Green Party councillors throughout this country. Indeed, there were six or seven in my own county. Many were politicised through the environmental movement. They were not politicians first. They were not in political parties. They engaged in this process and they came through. Indeed, one or two of them are sitting at the Cabinet table. I have great hopes for them, particularly in the next legislation next year to which I referred.

We need a judicial review that is fair and robust to all sides and all parties, and that is an important point to make.

In concluding, I thank the Irish Environmental Network, An Taisce and many activists, especially in the Green Party, who cut their teeth on environmental issues in local communities, who feed in, and some of whom are now at the table of Government but are in every facet of this organisation which is the Oireachtas. They will keep a fairly vigilant eye to things.

This amendment is worthy of support. Indeed, I would go as far as to encourage my colleague in this case to call a vote on this amendment.

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