asked the Minister for Local Government if he will invoke subsection (1) of section 18 of the Local Government (Planning and Development) Act, 1963, to enable a person (name supplied) in County Meath pay costs of £1,500 for legal fees and £1,500 for expert advice which he is informed will be the cost of lodging objections to the proceedings of a company (name supplied) at the oral hearing.
Ceisteanna—Questions. Oral Answers. - Planning Appeal.
15.
It would not be possible or proper for me to indicate in advance of the detailed examination of a planning appeal that I would consider it appropriate to use my discretionary powers under the section referred to by the Deputy to direct the planning authority to pay compensation to any party to the appeal for expenses incurred by him in connection with the appeal.
Is the Minister aware that Tara Mines have three senior counsel, one junior counsel and a team of experts from around the world to present their case and will he agree that it is impossible for a small individual to match this and, in view of this, would he not consider paying some of the expenses?
I am not so aware and Deputy Crinion is making a rather foolish statement when he says that, as one of the people involved, I should arrange in advance to guarantee whatever expense Mr. O'Brien was at over the appeal. He will understand, if he studies it, that this just would not be possible. When the appeal has been decided the legal experts will then decide whether or not this or any such appeal requires payment to be made but certainly not beforehand.
Is the Minister not aware that the legal men advising this individual and the others will not go into the appeal without their money?
I am not so aware.
This individual has got a letter from his solicitor stating that the appeal will take five days and that he must lodge £1,500 and £1,500 expenses.
The Deputy is making a statement.
A person who has only his house and his job cannot be expected to be able to meet this.
I cannot understand what Deputy Crinion is talking about at all. The person concerned came to me several weeks ago and asked me whether it would be possible to guarantee him his expenses. I said I did not think so but I would have the matter investigated. I have informed his solicitor in writing that I could not, before the appeal took place, guarantee expenses. It is unreasonable to expect that anybody should, without knowing the merits or demerits of the case, give a blank cheque to somebody going into a planning appeal. This will be proven when the oral appeal is heard.
Question No. 16.
Did he not show the Minister the letter from his solicitor?
No, and if he did it would not have made any difference. I could not do any different to what I am doing.
Question No. 16.
A Cheann Comhairle——
I have called the next question.
On a point of information, is it proper for the Minister to quote the name of a person who is not here to defend himself or to explain his case? There were no names mentioned by Deputy Crinion.
Oh yes, there were. If Deputy Molloy was listening he would have heard that Deputy Crinion was very careful to mention another party to it. In fact, the appeal is against the decision of Meath County Council.
I did not hear Deputy Crinion mention any names.
He mentioned the Minister's son's firm.
I am very glad to say that my son is earning his own living and he does not have to go into the black market to do it either.
Whose side are you on? The big man or the small man?
Let us not indulge in personalities.
I am on the side of the State.
What has black market to do with it?
(Interruptions.)