Dáil debates

Wednesday, 16 December 2020

Planning and Development Bill 2020 [Seanad]: Committee and Remaining Stages

 

10:00 pm

Photo of Eoin Ó BroinEoin Ó Broin (Dublin Mid West, Sinn Fein) | Oireachtas source

I move amendment No. 13:

In page 4, between lines 25 and 26, to insert the following: “(4) In the context of the practical challenges the public are likely to be encountering during the period necessitating the making of the order under subsection (2), the Government in making decisions on the specifications of emergency periods under subsection (3) shall—
(a) make generous provisions for effective public participation, affording the public reasonable periods to prepare and participate effectively in environmental decision-making, and to ensure the obligation to provide for wide access to justice is not compromised by the failure to provide for generous and consistent application of emergency periods,

(b) not make an order under subsection (2) unless it is so satisfied in respect of paragraph (a), and accordingly shall at least consider obligations in respect of access to justice and public participation, including under—
(i) the Aarhus Convention,

(ii) Article 47 of the European Charter of Fundamental Rights,

(iii) Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 (the EU Public Participation Directive),

(iv) Article 4(3) of the Treaty of the European Union, and

(v) relevant guidance and statements from the Compliance Committee of the Aarhus Convention in respect of the application of the Convention during the Covid-19 pandemic and the economic recovery phase.".

I am keen to move to some of the amendments around substitute consent so with the agreement of my colleague in the Gods upstairs, Deputy Cian O'Callaghan, I suggest that we withdraw amendments Nos. 13 and 14 and proceed in the short time we have available.

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