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)
Eoin Ó Broin (Dublin Mid West, Sinn Fein)
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It is not the case that this is only for technical or drafting issues or transitional matters. The Bill states that "any such regulations may modify any provision of this Act". If this was simply about a procedure whereby within three years somebody notices a drafting or technical error or some transitional arrangement, that is fine and that could be an explicit provision in the Bill. However, this allows the Minister, whoever he or she may be, to introduce "any such regulations that may modify any provision of this Act". I actually think it is even worse than Deputy Cian O'Callaghan suggests because twice now the Minister of State has said that notwithstanding the fact that the Minister can, by way of regulations, change provisions of the Act, that is, use secondary legislation to change primary legislation, that would then have to be regularised through primary legislation. Where does it say that? Where in the Bill is there a provision that any regulation introduced under section 4(6) would require primary legislation and within what period of time would it require that primary legislation? Is it in the Bill?