Phil Hogan (Carlow-Kilkenny, Fine Gael)

I move:

That, pursuant to Standing Order 177,Standing Order 131 is modified to permit an instruction to the Committee to which the Environment (Miscellaneous Provisions) Bill 2011 may be recommitted in respect of certain amendments, that it has power to make provision in the Bill to amend the placename provisions of the Local Government Act 2001 and to change the name of An Daingean to Daingean Uí Chúis in the Irish language and Dingle in the English language; to provide essential technical amendments to the Planning and Development Act 2000 including amendments to enable the commencement of certain provisions of the Planning and Development (Amendment) Act 2010 which further implement the Environmental Impact Assessment Directive and the Birds and Habitats Directives; to provide for a new costs rule to apply to court proceedings that concern breaches of certain environmental licences or other consents and to certain other proceedings relevant to environmental matters; to amend section 6(2A) of the Local Government Act 1998, as amended by the Local Government (Roads Functions) Act 2007, to allow payments from the Local Government Fund to the Minister for Transport, Tourism and Sport to be expended on all public roads (National, Regional and Local) and in the provision of public transport infrastructure; and to change the title of the Bill to take account of these provisions.

I am pleased to have the opportunity to bring forward amendments to the Environment (Miscellaneous Provisions) Bill 2011 which will address a number of important issues, mostly of a technical nature. I am conscious of the importance of the legislative process and, equally, the value of the time of the House. Therefore, given the miscellaneous nature of the Bill, it was deemed to be an appropriate manner in which to deal with a number of issues which required attention but which of themselves would not justify the initiation of separate legislation. I will outline for Members the nature of the amendments under consideration.

The amendments I propose to local government law will substitute new provisions for the existing code in respect of the changing of placenames which is set out in Part 18 of the Local Government Act 2001. Other than section 197, the remaining provisions of Part 18 have not been commenced, due principally to the difficulty of local government law and the Official Languages Act 2003 working in harmony. In the absence of commencement, the Local Government Act 1946, as amended, provides the relevant statutory framework.

The new Part 18 will restate large elements of the existing code but with significant changes and some new provisions. In an effort to streamline the legislation, it will provide that the placename provisions are contained within one section, as opposed to four sections of the 2001 Act. Any proposal adopted by a local authority to change a placename must specify the proposed name in Irish only or in English and in Irish. There will be an explicit requirement that any plebiscite held must be by way of secret ballot and all proposals will require a resolution adopted by half of the total members of the council.

The incompatibility between local government law and the Official Languages Act has been brought into sharp focus by the long running controversy over the name of An Daingean, or Dingle. The amendment will also seek to solve that problem in section 191 of the new Part 18.

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