President Higgins signs the Planning and Development Bill 2023
Date: Thu 17th Oct, 2024 | 10:17
The President has considered all relevant constitutional aspects of the Planning and Development Bill 2023 and, having considered the options available to him, today signed the Bill.
The President had followed the passage of the Bill through both Houses of the Oireachtas, and taken note of the debate at all stages and of the issues raised, including in particular the discussion on a citizen’s constitutional right to access to justice and possible issues of compliance with the Aarhus Convention.
While the President took note of the important concerns that were raised in the discussion on the Bill, the question he had to consider was the suitability for clarification of an Article 26.1.1 referral to address, for example, whether there may be an interference arising from changes in the constitutional right of access to the Courts and/or the right to litigate. His conclusion is that such issues are probably best tested in a facts specific way rather than in the abstract.
The President is of the view that, in this instance, the issue of potential unconstitutionality contained in the provisions of the Planning and Development Bill 2023 would be more appropriately tested by means of an action determined primarily on proven facts, rather than by way of an Article 26 referral.
When considering any piece of legislation, the President is also cognisant of Article 34.3 of Bunreacht Na hÉireann, which provides that no Court can question the validity of any legislation following a referral by the President to the Supreme Court.
In this context, the President’s decision to sign this legislation leaves it open to any citizen to challenge the provisions of the Bill in the future.