Results 81-100 of 4,354 for speaker:Malcolm Noonan

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Malcolm Noonan: This can only be a positive in terms of groups and NGOs, in particular, and their ability to take JRs in confidence that the legal costs are not going to be burdensome. That is what the spirit of Aarhus is about in terms of access to environmental justice. It is absolutely a positive. As I said, the regulations still have to be drafted on foot of the public consultation process, so I...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Malcolm Noonan: This is the enabling legislation and it is in the regulations that the detail-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Malcolm Noonan: We are on the working group for that.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Malcolm Noonan: The aim is to have this scheme as efficient as possible and not to deter people from taking JRs.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Malcolm Noonan: No, that is what will happen.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Malcolm Noonan: I will just give the elements that the departmental group is considering: the appropriate rates for different types of legal work under the scale of fees appropriate to the superior courts; the financial assessment criteria for all applicants, including NGOs and unincorporated bodies, and the practicality of their application; the funding arrangements for the financial assistance mechanism;...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Malcolm Noonan: As I said, that process is under way and this will emerge from the public consultation as well.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Malcolm Noonan: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Malcolm Noonan: No.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Malcolm Noonan: It has to follow the principles of Aarhus. It does not matter what government is in place. It must obviously follow the Bill when it is enacted as well. There will not be an inconsistency regardless of what government is in place. It has to follow the principles of Aarhus and that is what this Bill sets out to achieve and what the regulations will achieve once they go through their process.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Malcolm Noonan: We do not have to use that specific language to give effect to what the State is required to do under Aarhus. We have to do give effect to it but we do not have to use the specific language in the Bill.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Malcolm Noonan: Every state will draft its own legislation to give effect to Aarhus. Obviously, it can be tested if the legislation is not Aarhus compliant. Therefore, the Government is confident that it is and that the text, as drafted, will give effect to the State’s requirements under Aarhus.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Malcolm Noonan: I want to support that. Section 266 deals with the regulation of cost payable in respect of prescribed matters. In section 266(3) on page 451 states: Before making regulations under subsection (2), the Minister for the Environment, Climate and Communications shall have regard to— (a) the need to ensure that proceedings to which this Chapter applies can be taken by...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Malcolm Noonan: Is that okay?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Malcolm Noonan: We do have the language. I do apologise.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Malcolm Noonan: No, it should not. We have had that imbalance in the planning system for many years in terms of communities against a big project but certainly this is not the case here. The critical thing here is to create a level playing field to ensure that an NGO can participate in the system, be it a case against the State, and that it can do that in a way that is equitable. That is what this is...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Malcolm Noonan: If you lose under a no-foal, no-fee arrangement, you must pay the costs under the current Act. The Bill before us has a cost mechanism. In many cases, lawyers are going after winnable cases. The Bill will assist in the taking of cases that may be marginal. This could help to improve our environmental system, which is the important part.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Malcolm Noonan: No, what I am saying is that-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Malcolm Noonan: But it provides an opportunity for-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Malcolm Noonan: -----in terms of being confident of being supported. This is what the Aarhus Convention is directing the State to do.