Judicial Reviews

Dáil Éireann Debate, Thursday - 5 March 2020

Thursday, 5 March 2020

Ceisteanna (1191)

Catherine Murphy

Ceist:

1191. Deputy Catherine Murphy asked the Minister for Housing, Planning and Local Government the number of judicial reviews taken against decisions made by An Bord Pleanála in each of the past five years and to date in 2020; the number of judicial reviews taken against directions made by him or his predecessor in the past five years to date; the number of judicial reviews taken against a planning authority other than An Bord Pleanála in the past five years; the number that were successful; the number that were upheld in respect of the all of the preceding queries; and if he will make a statement on the matter. [2702/20]

Freagraí scríofa

Minister for Housing, Planning and Local Government

The recording of court cases is one in which I have no statutory function and is a matter for the Courts Service which is statutorily independent. Judicial Reviews against the State, which my Department may be included as a party, are co-ordinated by the Chief State Solicitors Office under the guidance of the Attorney General's Office.

Under section 30 of the Act, I am specifically precluded from exercising any power or control in relation to any particular case with which a planning authority or An Bord Pleanála is or may be concerned.

An Bord Pleanála can be challenged by Judicial Review on a range of its functions and they publish an update on legal cases in their Annual Report. Local Authorities may also be subject to Judicial Review on a range of their functions and therefore it is a matter for each Local Authority and their respective legal teams to record.