Legal Aid for Planning Appeals
The Minister has no proposal to fund legal representation for planning appeals, noting that oral hearings are informal and representation is not required. Members warn that unrepresented parties may be disadvantaged; the Minister agrees to inquire whether the civil legal aid scheme could assist them.
asked the Minister for the Environment if he is aware that some applicants for planning permission under appeal are unable to engage legal representatives to act on their behalf at appeal hearings because of financial circumstances, if he will give financial aid to such persons and if he will make a statement on the matter.
Comment on this
I have received no complaints from applicants for planning permission that they have been unable to engage legal representatives for appeal hearings because of financial circumstances, and I have no proposals to give financial assistance to any such persons.
Comment on this
(Cavan-Monaghan): Arising out of that answer, it can happen, in some cases, that one side is represented by the best legal and specialised consultants in the country; the objectors might not be able to afford any sort of legal or professional assistance and would be at a decided disadvantage.
Comment on this
All oral hearings are held in a very informal way by An Bord Pleanála. It is a matter of choice with regard to the authorities concerned. Not trying to cast any aspersions on the legal profession, often a person with commonsense and no legal knowledge can explain his case just as effectively. I have seen that happen at arbitration hearings in such places. However, some people feel that they should have legal representation. There is no requirement whatsoever on them to have such representation.
Comment on this
(Cavan-Monaghan): I appreciate that, but would the Minister not bear in mind that this question of planning law is a highly specialised section of the law, is so recognised and was so stated not so very long ago. There are only about five or six people here really specialising in this part of the law. In those circumstances, objectors, in particular, could find themselves at a decided disadvantage or, indeed, a poor applicant for planning permission could find himself faced by a very heavy armoury of legal people in support of an objection.
Comment on this
That is right. It can happen. There are very many planning applications coming under the recently popular heading of planning appeals, which are vexatious and done on a kind of professional basis by certain individuals. It would not be proper for such people to have legal representations for this kind of appeal, or for an oral hearing either. Apart from the question which is down, there is no pressure for legal representation. I do not know. It may not be a good thing to have legal representation.
Comment on this
Arising out of what the Minister has just said, would he enlighten the House as to what particular applications or third party appeals he has been referred to recently which, in his view, would not warrant, or merit, financial or legal aid?
Comment on this
I can readily understand the Minister's reluctance to name someone who is considered to be exercising his democratic right. He is challenging the principle of An Bord Pleanála.
Comment on this
They have every right to apply, but a number of them are refused and had no merit anyway. I shall not be specific. I can assure the Deputy that the question has nothing to do with this specific issue.
Comment on this
In view of the fact that the concern in the question is to ensure that there is justice for people who might feel, to put it mildly, ill at ease or disadvantaged through lack of legal assistance when confronted by people who are expertly legally supported, is the Minister aware of whether or not the forthcoming civil legal aid scheme will facilitate such people, or would he make enquiries to ascertain whether such people will have access to the scheme so that they would be so represented?
Comment on this
I will make inquiries, but I could not answer the Deputy's question now without making inquiries.
Comment on this
Has the Minister been in touch with his colleague in the Department of Justice to ascertain if he would value such assistance?