Vincent P Martin (Green Party) | Oireachtas source

Following the extensive pre-legislative scrutiny undertaken by the Joint Committee on Housing, Local Government and Heritage, it was reported that yesterday the planning and development Bill 2023 has been approved by the Cabinet. The former Chief Justice of the Supreme Court, Mr. Justice Frank Clarke, who was a guest speaker at a conference held last Friday morning, warned that Government plans to overhaul the planning system by slashing red tape have the potential to create unintended consequences that will lead to even greater delays. It is not every day of the week that a former Chief Justice is willing to offer an expert opinion on legislative proposals. Mr. Justice Clarke has warned this Government that if it proceeds with sweeping reforms, as widely flagged, it could prove counterproductive. He has said that tinkering with the planning laws could cause "seven or ten years worth of lack of clarity" and legal delays, with references to the Court of Justice of the European Union having the potential to cause inevitable serious delays. There is wide acceptance that there is a need for reform to make the planning system more user-friendly but it is imperative that any such proposed reforms do not cause a disproportionate and unjustified restriction to the right of access of individuals and organisations to courts in cases where plaintiffs are striving to vindicate environmental rights. I hope the initial plans, which envisaged placing on the shoulders of participants in a planning matter an onus to satisfy a higher threshold than any other person seeking access to the courts to review an administrative decision, are scrapped.I also hope that the legislative intention initially proposed, which would, if enacted, prohibit taking an appeal to the Court of Appeal from a decision of the High Court is also scrapped as it would be in contravention of the Constitution.

I keenly await, although with some legislative trepidation, the Bill being published, including the proposed flagged complete overhaul of the tried and tested costs following the event - which is a good filtering system in the courts at the moment - and replacing that with a blanket administrative mechanism. I look forward to this House considering and debating this issue as legislators in due course when the Bill is published. The Government certainly cannot say it was not warned, including by the former Chief Justice. I appeal to the Government to tread carefully on a very complex matter of law which could have serious unintended consequences.