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- New court will be managed by judges with specialist training.
- It will provide for greater specialism to enable more efficient management of cases dealing with planning and environmental matters and judicial review in particular.
- Dealing with these cases efficiently is critical to State’s delivery of housing and infrastructure and environmental commitments.
The Minister for Justice Mrs Helen McEntee has today received Cabinet approval to establish a dedicated Planning and Environment division of the High Court.
The Programme for Government and Housing for All plan commits to the establishment of a new Planning and Environmental Law Court, managed by judges with specialist training, as well as legislative changes in relation to Judicial Review on planning cases.
Minister McEntee said: “Planning and environmental judicial review cases are a notable feature of Ireland’s planning and statutory consenting processes. The ability to deal with these cases efficiently and effectively is critical to the State’s delivery of housing and infrastructure, and in protecting the environment.
This new court, once in operation, will provide for greater specialism to enable the more efficient management of cases dealing with planning and environmental matters and judicial review in particular.
It is envisaged that the dedicated court will operate in a similar manner to the Commercial Court and that the Court will work in tandem with reforms to planning legislation, to bring about improvements in the ability to process cases and in costs, and to be consistent with Ireland’s obligations under EU environmental law.
My Department is working in partnership with the Courts Service and the Department of Housing, Local Government and Heritage to advance work to establish the new Court.”
Commenting, Minister of State with Responsibility for Local Government and Planning, Mr Peter Burke TD, said, “The establishment of a dedicated Planning and Environment division of the High Court was a key commitment made in both the Programme for Government and in Housing for All and it will assist in the timely processing of litigation in relation to planning matters. Importantly, this aligns with the ongoing consolidation and review of planning legislation, which is being led by the Attorney General and the Department of Housing, and will be a key enabler in the delivery of our Housing for All Plan.”
In parallel, the Judicial Planning Working Group (JPWG), established by the Department of Justice in April 2021, is due to report later this year. The JPWG was set up in line with commitments in the Programme for Government and Justice Action Plan 2021 to “Establish a working group to consider the number of and type of judges required to ensure the efficient administration of justice over the next five years”. Its recommendations will help inform any future judicial resourcing needs, including for the proposed new Planning and Environmental Law Court.
While primary legislation would be needed to allow for the appointment of additional judges, the actual establishment of the Court can be effected without the need for amending primary legislation. This work is expected be completed as soon as possible.
Two Tipperary male residents, who were arrested wearing snood scarves, gloves and baseball caps and who violently resisted arrest when they were interrupted by an Emergency Response Unit, have both appeared in Cork Circuit Criminal Court. The men were arrested while attempting to carry out a robbery at a Co. Cork address, on January 21st 2022. Both criminals believed their targeted, Bandon home contained a large amount of cash.
The court heard that Mr Larry O’Connor, aged 32, with an address at “An Duiche”, Scahelene, Tipperary town, and Mr Patrick Harty, aged 27, of Mountain View, Bansha Road, Tipperary, together with three associates; two of whom were juveniles, left the Cashel area, to arrive at the targeted Bandon address, travelling in a high-powered Audi A3 motor vehicle, latter bearing cloned registration plates.
Both men have pleaded guilty before the court to burglary, possession of various articles and criminal damage.
The court heard that Mr Harty together with Mr O’Connor and another juvenile, broke the lock, enabling them to gain entry to the unoccupied dwelling. On being disturbed by the Emergency Response Unit, (ERU), Mr O’Connor ran out of the front door of the building, wielding a crowbar, before colliding with a garda; dragging the latter down steps, before the former was restrained.
Mr O’Connor is a married man with two children and a known abuser of alcohol and drugs, with 85 previous convictions relating to serious criminal activity. He was already on bail at the time of this offence; in relation to a previous aggravated burglary in Newcastle, Co Limerick; for which he subsequently had received a twelve year prison sentence.
Mr Harty, a married father of three, has 25 previous convictions, four of which are also for burglary. He was on bail for road traffic offences at the time of this crime. The court heard that he also attempted to escape arrest exiting from a window at the rear of the property; and also violently resisted Garda detention.
Presiding Judge Ms Helen Boyle said she needed time to consider an appropriate sentence before remanding both men in custody for sentencing on November 21st next.
- Fines for a total of 16 road safety offences have doubled today.
- Implementation of Action 30 of Road Safety Strategy.
- Stronger deterrent to those who choose to break our lifesaving rules of the road.
- World Health Organisation, estimate 5% reduction in average speed could result in a 30% reduction in fatal collisions.
Fines for speeding, will increase from €80 to €160, while fines for mobile phone use; the non-wearing of seat belts; and failing to ensure that a child is properly restrained within a motor vehicle, will rise from €60 to €120, and all with effect from midnight last night.
Fines for a learner permit holder driving a vehicle unaccompanied by a fully qualified licence bearing person will now increase from €80 to €160. Novice and learner drivers who fail to display ‘L’ or ‘N’ plates, or tabard vests in the case of motorcyclists, will see their fines also doubled to €120.
Three new fixed-charge notices will also come into force in early 2023, same relating to the misuse of a disabled parking permit (Fine €200), illegally parking in an electric charging bay (Fine €80) and breaching a heavy goods vehicle (HGV) ban and entering a specified public road without a valid permit (Fine €200).
These new measure comes into effect as the death toll on Irish roads this year has already risen to 122, an increase of 11 deaths, when compared to the same period last year.
However, motorists believe that this doubling of road offence fines has more to do with raising Irish revenue, rather than reducing deaths on our roads.
Gardaí have arrested and are questioning a man in his 20s, following a stabbing incident at a house in Co. Tipperary, on Saturday evening last.
The stabbing incident resulted in a pregnant female; also aged in her 20s, being rushed to the Midland Regional Hospital Portlaoise, with non-life threatening injuries. The young woman is said to be recovering well, with her unborn child not believed to be in any danger.
We understand from media reports (Irish Mirror), (Cork Beo), (Buzz.ie), that others in their company witnessed the incident at 6:20pm on Saturday evening, and are helping Gardaí with their inquiries.
Gardaí were quickly on the scene of the incident and were able to make an arrest. The assailant is currently being detained at Thurles Garda Station, under the provisions of Section 4 of the Criminal Justice Act, 1984, and must be either charged or released from Garda custody today.
While Gardaí refused to be further drawn on the incident, they have confirmed that the incident did happen somewhere else in the Premier County.
Ministers Long and McEntee discuss North-South co-operation on matters of criminal justice.
Ministers Mrs Helen McEntee TD and Mrs Naomi Long MLA (Latter Minister of Justice in the Northern Ireland Executive) met yesterday to discuss cross border co-operation on criminal justice matters. Both Ministers reviewed the excellent ongoing co-operation across a wide range of criminal justice areas, including forensic science, public protection and victim support.
Minister McEntee said; “It is clear from yesterday’s meeting that there is a high degree of dynamic co-operation between our criminal justice systems. Excellent cross border cooperation is taking place in a range of criminal justice areas via the IGA. This work includes tackling hate crime, supporting victims, the management of high risk offenders, and early intervention strategies to combat youth offending. Under the IGA Work Programme (2021-23) this excellent work will continue to be enhanced.
Minister Long and I had a very productive discussion on the criminal justice challenges we face in both parts of the island. We must address these challenges and continue to co-operate in coming up with positive solutions to our shared problems”.
Minister Long said: “The cross-border co-operation on justice matters in both jurisdictions continues to produce very encouraging outcomes across a range of cross-border issues such as offender mental health, hate crime, youth justice, forensic science and support for victims. The IGA contributes greatly to ensuring we are doing everything we can to promote good practice in these areas. The absence of Ministers in Northern Ireland will not impede this important work, since cooperation will continue at official level and between our law enforcement partners”.
At the meeting both Ministers were also updated on the work of the cross border Joint Agency Task Force. They highlighted the continuing high level of co-operation and operational activity between the law enforcement agencies involved in tackling rural crime, drugs, financial crime, trafficking in human beings including children, excise fraud, and organised immigration crime.
Minister McEntee said; “I must commend the ongoing collaboration that underpins the Joint Agency Task Force. This work continues to highlight the extensive North-South co-operation that is undertaken between the police and other law enforcement agencies. By working together, the Task Force disrupts criminals that would seek to exploit the border and by doing so, enhances the safety of all communities on this island.
I welcome the success of the joint operations already undertaken. It is clear that the Joint Agency Task Force is producing results through cooperation and operational activity – whether it is joint days of action against mobile organised crime gangs, or working together to ensure customs seizures or to identify victims of human trafficking. I would like to express my appreciation to all those involved for their ongoing work”.
Minister Long said; “The ongoing work that continues to be carried out by the Joint Agency Task Force is of a significant value and the results being produced through closer cooperation and joint operational activity highlights the necessity of continued collaboration. The impact of this work in disrupting organised crime gangs and making our communities safer is very impressive and I am very grateful to all those involved both in providing the strategic direction but also the operational cooperation on which that success is based”.
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