Thread by @attractaub

Wondering what is really behind #BadPlanning #Travesty4OireachtasScrutiny & want to know what the Government is doing just on one of many bills before the #Dáil rises for summer recess next week? Well then brace yourself for this👇

On Apr 6th over 2 mnths ago, MoS
@peterburkefg
told the Seanad the Gov. planned to introduce #Seanad amendments on a whole range of other matters & to other legislation to an already complex & controversial #Planning bill on #SubstituteConsent
But they didn't, instead ...👇

..instead the Gov waited until the Bill finished in the #Seanad and with a week to go before the Dáil rises as the bill arrived in the Dáil for 2nd stage,
@DarraghOBrienTD
announces the Gov are bringing all those & even more changes to the bill. In fact ...

..in fact Gov are proposing 48 pages of amendments to a bill of 16 pages (incl its cover) 3 times the size of the bill. These include major changes to the #Planning Act, Valuation Act, also to #Marine legislation passed just at end of last year which they say they need to fix &👇

Knowing well the volume of their 48 pages of changes to be considered on top of completing committee and all remaining stages of the original planning bill - Gov proposed just 90 mins of #Dáil time for it's #Constitutinal role in legislative scrutiny by #Oireachtas. This means 👇

After pressure from TDs Gov. increased the ttl. time to 150mins They have to consider the original controversial #planning bill B4 they can consider these additional 48 pgs & amendments to them. So they will run out of time & most of the changes will be passed with NO scrutiny🤮

To be clear: This 👇 cabinet agreed to all this. They know this. So they're all complicit in this #Oireachtas abuse & its Constitutional role in law-making which is being made a mockery of. Just a year since @PresidentIRL highlighted how his #Consitutional role was impacted.

Those are strong words - but to be clear: TDs got first sight of these amendments late yesterday. They have had NO briefing on them, and won't get one until after the deadline for them to table amendments on them on Mon am. So only hours of the working week & this is complicated

You have to read the Gov amendments alongside existing legislation and knit the two together resolving all the proposals to "substitute this for that" / "delete this bit" / "add this bit in" to even come up with the text of what is proposed & all B4 u can even identify issues!!

And U may need to look at EU legislation,intl. conventions or case law to check if there's issues B4 u can even think about drafting amendments to correct amendments or improve them, or include safeguard so poorly drafted provisions aren't abused and all in just hours👇- it's 😱

So then if there are amendments on the Gov amendments TDs will probably get to see those on late Mon or early Tues while the Dáil is still in session!Yet they have to be prepared for vote on Wed on all of this & lets be clear there's a snowball's chance in hell of proper debate

So it's no wonder we've #Planning issues & errors by decision makers following legislation which hasn't been afforded proper scrutiny to make it robust, compliant & clear. Most egregious of all the Gov have the audacity to be railroading in restrictions on #JR #AccessToJustice 👇

Lets be clear some of #JR changes being railroading in without any Pre-leg scrutiny are worse than their equivalent proposals in the notorious,highly discredited Heads of Bill with draconican changes on #AccessToJustice
They may seem innocuous to the uninitiated
They r not🧐🧐

There are changes will require the public to engage lawyers to exhaust all admin option to sort errors of authorities & #ABP b4 they can apply for leave to #JR. But no solution for how the public can recover their costs for that effort & no #stoppingtheclock on JR window either👇

Another change allows authorities extraordinary discretion to make major changes to decisions any time after JR leave is granted,with no safeguards!
and #Consitutional issues !!

Other changes raise real risk that effective cost recovery will be an issue to cover cost of public's lawyers & lawyers may become reluctant to act.
There are really vague terms included in the bill also - creating elastic requirements..

Also proposed is a massive trespass on #judicialdiscretion on the matter of remitting decisions back to the decision-maker to mend their hand instead of quashing the decision and it wholly fails to recognise remitting in many instances doesn't make sense. #Courts #AccessToJustice

Many of these proposed changes on #JR are likely to drive dysfunctional behaviour. They don't incentivise authorities to be meticulous in decision-making.
They shift the burden to the public to clean up errors yet leave them to bear the risk of costs & erode the #courts role

Personally calling on every TD to stand up 4 proper law making & to oppose what's being done with this #BadPlanningBill
#Ireland deserves better
The #Oireachtas deserves better
Our #Constitution demands it
Our #Enviroment needs it
Our obligations on #AccessToJutice require it.

Time to put a stop to #BadLegislation #BadLegislativePractices #BadPlanning

Both Houses of the #Oireachtas across political parties need to oppose this #Travesty4Oireachtas - bear in mind this long thread is but one example of bills being railroaded, compounded by many other seriously concerning legislative practices under this Government

Time to put a stop to #BadLegislation #BadLegislativePractices #BadPlanning

Both Houses of the #Oireachtas across political parties need to oppose this #Travesty4Oireachtas - bear in mind this long thread is but one example of bills being railroaded, compounded by many other seriously concerning legislative practices under this Government