Alice-Mary Higgins (Independent) | Oireachtas source

The Senator asked about EU law. There were specific rulings relating to previous regimes. I believe we are not satisfying those and that we are at risk. That is why I referenced those other components because those have been attached in this legislation. To be clear, we had a regime for substitute consent already. This legislation is not bringing that in. Of course there should be mechanisms for regularisation. However, this legislation will mean local authorities will no longer be able to require developers to seek substitute consent and developers who wish to seek substitute consent will no longer have to seek High Court leave to do so. This short-circuits the process so it will be a direct choice following a meeting with An Bord Pleanála. It is a direct choice at that point for the developer if it wishes to seek substitute consent. There is a shift of the power. This is not about whether there should be processes for substitute consent. Of course there should. There are many very reasonable instances where people do not realise something and they make mistakes and there should be mechanisms to regularise that. The question is what the process for substitute consent will be. I do not believe this is an appropriate process. It is a step backwards from the process we currently have.