Oireachtas Joint and Select Committees
Tuesday, 20 February 2024
Select Committee on Housing, Planning and Local Government
Planning and Development Bill 2023: Committee Stage (Resumed)
Malcolm Noonan (Carlow-Kilkenny, Green Party)
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If is okay I will address amendments Nos. 36 and 37. Deputy Ó Broin has asked that I deal with these two specifically because of the term. It is normal language. It is in the 2000 Act. Amendment No. 36 seeks to remove the reference to "expedient" in section 4(2). The subsection provides that regulations under the Act may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations. Amendment No. 37 also seeks to delete the reference to "expedient" and add that the Minister "shall exercise a conservative approach to determining such matters are required to be addressed in the regulation".
"Necessary and expedient" is a phrase used widely across the Statute Book in regulation-making powers when referring to making regulations for incidental, supplementary and consequential provisions and it is appropriate in this regard. I, therefore, cannot accept amendments Nos. 36 or 37. I note the points the Deputies are making, but as I said, it is in the 2000 Act already. It certainly does not confer any sweeping powers on the Minister. I think the powers are the same as in the 2000 Act. In that regard, I cannot accept these amendments.