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)

Photo of Malcolm NoonanMalcolm Noonan (Carlow-Kilkenny, Green Party)
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It would be treated the same as any other regulations, and regulations under this Act "may contain such incidental, supplementary and consequential provisions as appear", and as we stated, and, "Regulations are proposed to be made under subsection (1) of section 9 or subsection (2) of section 412, a draft of the regulations shall be laid before each House of the Oireachtas and the regulations shall not be made unless and until a resolution approving the draft is passed by each such House." It is included as purely a precautionary measure, and as I have stated it was not used in the 2000 Act and was put in on the advice of the Office of the Attorney General. Any changes made to legislation under regulations would be regularised through an amendment to the legislation at a later date. As the Deputy can appreciate, it is a very large Act and it is purely precautionary and included on instruction of the OPC. In that sense it is as in 2000, and it is there from a precautionary point of view given the complexity of the legislation and, in particular, if there were any provisions that could not be brought into force because of a technical or a drafting issue. That is the reason it is there.