Vincent P Martin (Green Party) | Oireachtas source

I welcome Senator McDowell’s interest in this green, innovative initiative. I agree with him, as did former Senator and President of Ireland, Mary Robinson, at the launch of the 100th anniversary celebration of the Seanad. We should have much more discussion. If the initiatives are good, which I believe they are, they should be able to withstand scrutiny. We should not be afraid of scrutiny because it will instil more confidence in them. Maybe we can improve them here by playing an advisory role to the Government, as well as scrutinising and reviewing legislation. Perhaps we should have one day every week to discuss this whole new era. It is akin to the Industrial Revolution. It is now a green revolution. It has to be done in a fair and proportionate way which makes sense, is accessible to everyone and is most effective.

In recent weeks, there has been much commentary denouncing people who use the courts for issues of planning. This is not for personal financial gain through seeking damages. One aspect of that debate that has not been given the attention it deserves is the fact that the vast majority of such planning applications take the form of a judicial review in the High Court. The first step in a judicial review is to seek leave. It is a member of the Judiciary who decides whether to grant leave. If the application is vexatious, lacks any merit or is frivolous, the High Court judge will in the first instance eliminate any frivolity or any vexatious, groundless application. I hope people understand that there is already a safeguard there. While it is not the highest threshold, there is a system in place in the High Court. The other party might not even be present. The High Court judge might decide to bring in the other party even at a leave stage in order to hear both sides. Absent from the debate to date has been any reference to the fact that a safeguard is already there to serve justice and, at the same time, to ensure people have access to justice. I would not like to deny that to any citizen of Ireland.