Dáil debates

Tuesday, 20 October 2020

Ministerial Power (Repeal) (Ban Co-Living and Build to Rent) Bill 2020: Second Stage [Private Members]

 

10:10 pm

Photo of Malcolm NoonanMalcolm Noonan (Carlow-Kilkenny, Green Party) | Oireachtas source

I believe we have completed that. Gabhaim buíochas, a Leas-Cheann Comhairle.

A consistent regulatory approach through the country is essential to provide clarity to both public and private investment and to progress construction and development projects through the planning system.

The Bill also seeks to repeal by deletion, specified sections on the build-to-rent and shared accommodation sections of the apartment guidelines for planning authorities and is in direct conflict with the statutory role of a Minister to amend or revoke these guidelines. The Bill seeks to override the Minister and Government by assuming on behalf of the Oireachtas, through primary legislation functions delegated to the Minister by statute under section 28, to issue, amend or revoke planning guidelines.

It is worth repeating that it is not the purpose of primary planning legislation to ban or preclude any specific class or type of development. It does not do so, with one notable exception. Section 37K of the Planning and Development Act precludes planning legislation from enabling the authorisation of nuclear fission power generation in Ireland, which is illustrative of the national scale and significance of the potential development that merits specific prohibition.

In summary, I again welcome the debate we have had. As I stated at the outset, we recognise the intent and sentiment behind the Bill but as a Government, we also must recognise there are unintended consequences to it and it is in that regard that we are opposing this Bill. We certainly will continue, however, to work with the Opposition in trying to address the issues that have been validly raised here this evening.

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