Shane Ross (Dublin Rathdown, Independent) | Oireachtas source

Amendments Nos. 42 and 43 deal with the same issue. On Committee Stage an amendment was made to section 6 which introduces two processes for making regulations.

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Under the first process, regulations are made and laid before each House of the Oireachtas, with the provision that either House may pass a resolution within 21 days to annul such regulations. This is a standard provision and common across the Statue Book. Under the second process, regulations are first laid in draft form before both Houses and may only be made if a resolution approving the draft regulations is passed by both Houses. In both cases the Oireachtas has an oversight role, but the second process is more detailed and lengthy.

The Committee Stage amendment provides that while the majority of regulations made would follow the first or familiar process, regulations made under subsection 9(9) and subsection 10(16) would follow the second process. The regulations envisaged to be made under subsection 10(16) are to deal with purely administrative and procedural matters relating to An Bord Pleanála processes already in place under the planning code appeals process. Under existing planning law, these are typically subject to the first regulation-making process I mentioned. Therefore, under amendments Nos. 42 and 43, I propose to remove reference to subsection 10(16) from section 6. The effect is that subsection 10(16) regulations will be made and laid before each House of the Oireachtas, with the provision that either House may pass a resolution within 21 days to annul such regulations. I am leaving section 9 regulations, relating to dispute resolution, where they are, as amended on Committee Stage.

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