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Stiffer,certainly right time to buy atm imho news pending on different fronts .
Fair enough Stokey. There have been a lot of opinions regarding the ML and how it can be legally challenged. One thing is certain we find out soon. We already know they will attempt to take that decision to a judicial review. Someone posted some interesting links about 'cross cutting?' which I found useful.
I have been buying here since the last funding round. I am here for the other projects rather than IM.
Stifler In relation to your 07.47 post you are with respect displaying a lack of knowledge in relation to administrative law. All legal avenues cannot have been exhausted as we have yet to have a final decision on whether then ML will or will not be granted. Legal proceedings can drag on for years yet.
All legal avenues have been exhausted. I cannot see a judicial review being granted. They already know.
Regarding a judicial review. What you need to understand is anyone can call for one.
Very few are granted..so that means it will not get to a review.
There is no further information to review.
Stokey. Just to refresh our minds on the new legislation that may effect the rapid granting of the ML click this post and change to thread view above.
Nobby. I also expect a quick decision now we have the Executive Committee (Functions) Bill on our side. Perhaps the ML process was delayed to allow the legislation to go through, thereby clearing a path to avoid further lengthy litigation?
From the linked article:
The amendments to the Northern Ireland Act introduced by the proposed Bill remove the requirement to bring any decision on a planning application by the DFI or DFI Minister before the Executive, no matter how controversial or significant, and regardless of how many other departments that decision would affect.
https://www.irishnews.com/business/2020/07/21/news/executive-committee-functions-bill-function-or-dysfunction--2008874/
I still think there will be a kind of compromise Maybe heightened real time monitoring of the brine discharge etc.
Good link Speedy. It enjoys cross party support.
Surely the role of the minister is to make sure his department have followed procedures. That has taken years.
I think all legal procedures are being followed. To take the ML to a judicial review will involve proving that those procedures have not been adhered to. I personally think that is not the case so this will not get a judicial review.
I agree with those sentiments.
If H&W were to fail it would sit squarely with the intransigence and ineptitude of the political parties and be a great disservice to the hardworking people of NI.
We can but hope common sense prevails as there are numerous examples of them being exceptionally adept at kicking themselves up their own backsides.
I expect this decision to be made within a month and from it we can expect a significant boost to investment and employment across the yard and the storage project.
The other factor here is the trickle down effect into the wider economy; smaller diverse businesses seeing an uptick is all very likely.
What is not to like about this opportunity?
It's also worth considering that infrastrata has resurrected one of Northern Irelands icon assets Harland and Wolfe.If infrastrata prospers so does Northern Ireland. Maybe a little bit of abargaining chip.
Colin McGrath Social Democratic and Labour Party:
The Bill allows a lot of major decisions that are currently in, for example, the planning system to be taken quickly, and that will provide a positive boost for the economy of the North and allow major projects that are in the system to be delivered on the ground faster, as that allows for the potential for jobs in our construction industry and, with new factories and facilities, more jobs in all of our communities.
https://webcache.googleusercontent.com/search?q=cache:PMd_DHzxwJ4J:https://www.theyworkforyou.com/ni/%3Fid%3D2020-07-06.2.49%26p%3D25011+&cd=3&hl=en&ct=clnk&gl=uk&client=firefox-b-d
Far too much at stake with the gas caverns for them not to go ahead and I would suspect that the decision was already known in advance when Mr Jessop was taken on as project manager.It's worth checking out his record .
The crux of the matter as outlined by Gordon Lyons DUP in the debate:
The Assembly will be aware that a cross-cutting matter is defined as one that cuts across the responsibilities of two or more Ministers. Planning decisions had up to then been regarded as solely the preserve of the relevant Minister on the basis that, though of interest to other Ministers, such decisions did not cut across their statutory responsibilities. The court, however, defined the planning decision in question as a cross-cutting matter by eliding the concepts of responsibility and interest and therefore potentially making all planning decisions subject to agreement by the Executive Committee and effectively making it the relevant authority rather than the Minister. The Executive have agreed that that is not an appropriate position, but ignoring the court's judgement would risk opening up planning decisions to legal challenge simply on the basis that they had not been agreed by the Executive. Such a situation would have profound implications for a number of significant planning decisions that are expected during the remainder of this year and could lead to significant investment and employment opportunities being deferred or lost. We believe that that vulnerability can be quickly and simply rectified by means of the Bill before us today.
The cross-cutting issue is the last straw the protestors are using to forward a public enquiry. The Northern Ireland Executive voted 80 for with 4 against, so I would venture to say the protestors ship is sinking, though I know a few Shipyards that hopefully soon could build them a new one!
Chrisatrdg. Very interesting reading regarding state of affairs in Northern Ireland Executive, re: economy vs planning permissions/public inquiries. Only objectors are the Greens, of course! The Bill has now passed giving Ministers greater powers to decide............looking good for a prompt decision on ML!
https://webcache.googleusercontent.com/search?q=cache:PMd_DHzxwJ4J:https://www.theyworkforyou.com/ni/%3Fid%3D2020-07-06.2.49%26p%3D25011+&cd=3&hl=en&ct=clnk&gl=uk&client=firefox-b-d
Judicial reviews are rarely granted. You cannot submit a judicial review and expect to get it heard. I believe around 75% are never taken to that stage.
I am not invested here for the IM project but I understand many were.
Stifler In relation to your 15.58 post even if a judicial review does not succeed it can delay the matter for years with appeals so it is a very expensive but good stalling tactic as the Court would probably grant an injunction preventing the decision being implemented.
Full details:
Member Question Tabled Status
AQW 16206/17-22 Mr Stewart Dickson
(APNI - East Antrim) To ask the Minister of Agriculture, Environment and Rural Affairs, with regards to the proposed Islandmagee Caverns Gas Storage Project, for an update on whether he plans to bring the marine construction licence to the Executive Committee for consideration as it is a cross-cutting matter.
- Hide Answer
I expect to be presented with a portfolio of documents within the near future to assist me in determining the application for a marine construction licence for the Islandmagee Gas Storage project.
I have been advised that the briefing will include advice on whether this is a cross cutting issue and on the need for Executive referral. I trust you can appreciate that I am keeping an open mind on the matter and unable comment further until I have had sight of the documents.
11/03/2021 Answered on 22/03/2021
I am not a lawyer...but most judicial reviews do not happen. Wasnt the extended public consultation to stifle a judicial review? Who knows its out of our hands.
Stokey. I don't believe anyone knows the answer to that yet - just hope and speculation from the protesters. They are determined to push this issue into the long grass but it seems Mr Poots is keeping his cards close to his chest!
http://aims.niassembly.gov.uk/questions/writtensearchresults.aspx?&qf=0&qfv=1&ref=AQW%2016206/17-22
Stifler In relation to your 14.42 post based on a twitter exchange if the ML is granted there will be a Judicial Review one of the arguments is likely to be that there should have been a public enquiry due to the controversy around the proposal.
Maybe DAEFRA are covering themselves for a legal challenge. Is/was the ML issue procedural?
Everything has to be correct for it to be granted and not legally challenged. AEG was in this position last year for an air permit which was granted after a 2 year delay.
Most judicial reviews are not granted. I don't expect there to be one in this case.
They give it or they don't.
would agree Ban. Covid has impacted everything .. but the climate as we start to open up has to be one of job creation and it would need an incredibly compelling case to deny the ML, especially now clearly linked to the hydrogen storage. Fingers crossed for a quick decision