Eoin Ó Broin (Dublin Mid West, Sinn Fein) | Oireachtas source

Sure. I will make two observations. That is not what the legislation says. It says "shall not be admissible". It does not say it shall not be used to initiate. They are two different things. Also, it is not just about whether or not it can be initiated. Think about a real-life case. I have my exempted development declaration, have spent a large amount of money refurbishing my factory for some other purpose and am carrying on with my business. Somebody then challenges me legally and, whatever other information they challenge me with, I have conclusive evidence that the development is exempt, so it is game over in court. With the third party, it is not only that they are not allowed to have it admissible in evidence but it also concerns a circumstance where I went ahead with a development that was not exempt. The Minister could argue it is covered by subsection (1)(b) but I would like if I was the third party to have the right to submit that as evidence.