Results 101-120 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: Really, this is about putting a structure in place that is fair and equitable for everyone. It proposes a much fairer system than one that would operate on a no-foal, no-fee basis. It would provide a level playing field for the taking of cases with merit on environmental grounds and in terms of the State's requirements under the Aarhus Convention.

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

Malcolm Noonan: I will respond on that point before Deputy Ó Broin contributes. I have read out section 265(3)(a). Section 266(3)(b) refers to "the need for equitable and orderly access to the courts for all persons to be ensured in accordance with law" before the Minister makes the regulations. Section 266(3)(c) refers to "the need to ensure that court and judicial resources are utilised for the...

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

Malcolm Noonan: I will read the note. First, amendment No. 979 is consequential on amendments Nos. 954 to 956, inclusive. It attempts to retrofit some provisions regarding costs and timeframes without the necessary legal framework or consideration that underpins the Government’s own position, as reflected in Part 9, as initiated. I will therefore be opposing that. The cost provisions will deal...

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: I move amendment No. 957: In page 441, between lines 9 and 10, to insert the following: “ “Part 9 judicial review” shall be construed in accordance with section 251;”.

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

Malcolm Noonan: I move amendment No. 958: In page 441, line 11, to delete “(within the meaning of section 251)”.

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

Malcolm Noonan: It is reflective of the current Act. This section provides that the procedures in this Chapter are the exclusive means by which the validity of decisions made, acts done or failures to perform functions under the Act may be challenged.

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

Malcolm Noonan: It means you can only deal with it through judicial review.

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

Malcolm Noonan: Exactly.

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

Malcolm Noonan: We will check that and revert to the Deputy.

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

Malcolm Noonan: I will be moving amendments Nos. 960 to 963, inclusive, 967 and 969 to 971, inclusive,. One of the most important areas of reform in this Bill is Part 9, which updates the processes and parameters of planning judicial review and introduces a scale of legal fees relating to the judicial review and an environmental legal costs financial assistance mechanism to ensure that the costs associated...

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

Malcolm Noonan: Section 265(3) states: A court may order such costs as it considers reasonable to be paid by a party in proceedings to which this Chapter applies to another party in such proceedings where the court considers it appropriate to do so— (a) because the court considers that a claim or counterclaim ... This amendment then is going in.

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

Malcolm Noonan: It is going in there, yes.

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

Malcolm Noonan: Yes. It will make the decision while hearing it.

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

Malcolm Noonan: Yes. And they will not get access. That is the point.

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

Malcolm Noonan: I could not put a specific time-----

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

Malcolm Noonan: It is part of the judicial review process.

Seanad: Nithe i dtosach suíonna - Commencement Matters: Schools Building Projects (17 Apr 2024)

Malcolm Noonan: I thank Senator Clifford-Lee for putting it so well regarding the challenges faced by a strong and growing community in Rush in north County Dublin and the challenges faced by the school. Seventeen years is a long time to wait for this school to be developed.Members of the board have had great patience and tenacity. The school is watching in on this Commencement matter today. For the...

Seanad: Nithe i dtosach suíonna - Commencement Matters: Schools Building Projects (17 Apr 2024)

Malcolm Noonan: Since 2020 the Department of Education has invested in the region of €4.3 billion in our schools throughout the country, involving the completion of more than 800 school building projects with construction currently under way at approximately 300 other projects including 34 new school buildings. These 300 projects currently under construction involve a total State investment of...

Seanad: Nithe i dtosach suíonna - Commencement Matters: School Textbooks (17 Apr 2024)

Malcolm Noonan: The Senator will be aware that the Department of Education's 2023-25 statement of strategy sets out its vision for an education system that is of the highest quality where every member of our educational community, including our children and young people, their families and all the staff who engage with them, feel valued and supported. It sets out a goal to ensure equity of opportunity in...