RE: IM Update3 Apr 2023 08:37
Si_Derman ref 07.18post having saved the judgement for future reading I have been able to refresh my memory. In my view the most crucial part of the evidence they wanted to exclude was on the CNCC issue this can be found in paras. 8 and 9 of the judgement which states.
[8] Claire Vincent, Principal Scientific Officer in DAERA, has sworn an affidavit,
filed on 26 October 2022. It states that the Council for Nature Conservation and the
Countryside (‘CNCC’) was consulted but, in error, its response did not reach the
Marine Licensing Team responsible for giving advice to the Minister.
[9] This omission is candidly admitted but Ms Vincent goes on to say, in
paragraphs 259 to 261 of her affidavit, that the issues raised by CNCC were raised by
others and/or considered in any event as part of the determination process. It is
these averments which the applicants seeks to strike out.
If this evidence was removed then an argument that the Minister had failed to take into account a material consideration could have succeeded this may of been fatal. The reason for this is that failure to take into a material consideration would mean a decision was irrational and cause the decision to be quashed.