Seanad debates
Tuesday, 24 September 2024
Planning and Development Bill 2023: Report Stage
1:00 pm
Alice-Mary Higgins (Independent) | Oireachtas source
On that last point, it is not the case that provisions will remain in place because the Bill explicitly provides for the replacement of sections 50A and 50B within the current piece. Those sections will end in their functionality when Chapter 1 of Part 9 commences. However, there are matters explicitly relating to costs that are not to do with Chapter 1 of Part 9 but are to do with Chapter 2 of Part 9. Those factors will be impacted if sections 50, 50A and 50B are replaced. The fact is the Bill explicitly spells out the order in which it will happen under Chapter of Part 9 but does not in respect of Chapter 2 of Part 9. We will have a situation where if Chapter 1 of Part 9 were commenced first, we could have a lacuna. There is a real danger of a lacuna regarding the effect of costs.Perhaps when we come back tomorrow, the Minister of State will clarify but it is not enough to say the provisions will be in place "until". The Bill sets out in some cases exactly when things will come into effect and when their effect will stop. At present there is a trigger to stop the effective function of sections 50, 50A and 50B without a guarantee that the relevant new regulations or new provisions in respect of court costs will be put in place. This is leaving aside the fundamental problems with both of these.
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