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

I move:

That Standing Order 233(2) is modified to provide that it be an instruction to the Select Committee on Housing, Local Government and Heritage, in relation to the Historical and Archaeological Heritage Bill 2023, that the Committee has power to make amendments to the Bill which are outside the scope of the existing subject matter of the Bill, in relation to: (a) the Foreshore Act 1933 to provide a possible pathway for existing foreshore applications received under the Foreshore Act 1933 but not decided to move to the new regulatory system established in the Maritime Area Planning Act 2021;

(b) the Lough Corrib Navigation Act 1945 to reinstate functions of the Lough Corrib Navigation Trustees that were removed as a result of the repeal of some of the Drainage (Ireland) Act 1856, under which the Lough Corrib Navigation Trustees were established;

(c) the Planning and Development Act 2000 to clarify the position of projects already consented prior to the introduction of new planning measures for development in the maritime area and to remove anomalies and clarify terms;

(d) the Valuation Act 2001 to allow local authorities to deal with consequential overpayments or underpayments of rates on foot of decisions on appeals to the Valuation Tribunal or court decisions;

(e) the Local Government Act 2001 to (as amended by the Local Government (Maternity Protection and Other Measures for Members of Local Authorities) Act 2022) to clarify that a Member who has caused a temporary absence and sought a temporary substitute under Section 19A of the Act could not continue to exercise the functions of a Member during the period of their absence;

(f) the Local Government Rates and other Matters Act 2019 to refine the process of levying rates on the appropriate valuation list and subsequent billing; to simplify the process for notification of changes in status of liable persons and properties and for the rates database to be amended accordingly; to clarify that only a liable person who owns a relevant property and who proposes to sell the property is required to discharge any rates and interest on overdue rates which is due and payable rather than previously liable persons; to clarify that any rates and interest on overdue rates due and unpaid by a liable person who owns a relevant property, and not other liable persons, would remain a charge on the property; to clarify the rights to enter a rateable property that does not contain a dwelling and to include the provision of additional repeals; and

(g) the Maritime Area Planning Act 2021 to clarify the requirement for a Maritime Area Consent and to facilitate the identification of a suitable replacement Maritime Area Consent holder in specified circumstances; and to change the title of the Bill, and for consequential amendment of the long title to reflect the content of the Bill, and make other consequential amendments required to take account of the changes above.

The purpose of this motion is to instruct the Dáil, in committee, that Standing Order 233(2) is modified to provide that the committee has the power to make amendments to the Historic and Archaeological Heritage Bill 2023, which are outside the existing subject matter of the Bill. This is required in order that I can introduce Government amendments to the Bill on Dáil Committee Stage, which commences tomorrow afternoon. As set out in the motion, there are amendments to the Foreshore Act 1933, the Planning and Development Act 2000 and the Maritime Area Planning Act 2021 which are linked and facilitate the transition to the new maritime regulatory regime. There are also amendments to a number of local government Acts, namely the Lough Corrib Navigation Act 1945, the Local Government Act 2001, the Valuation Act 2001 and the Local Government Rates and other Matters Act 2019. These local government-related amendments do not introduce any policy change and are generally technical or clarifying in nature.

The amendment to the Foreshore Act 1933 provides for existing applications under that Act to move to the new regulatory system established under the Maritime Area Planning Act 2021, to maximise the opportunities available in those more modern maritime consenting structures.

The amendments proposed to the Planning and Development Act 2000 provide that, where a proposed development for electricity transmission infrastructure is already licensed under the Foreshore Act, it does not require additional consent under this Act. They also clarify that the reference to land in certain contexts refers to land in the maritime area; disapply the requirement for a maritime area consent for strategic infrastructure development where the applicant is already in consultation with An Bord Pleanála; and clarify the position of development consented to before the new regulatory provisions of the Maritime Area Planning Act came into force.

The amendments to the Maritime Area Planning Act 2021 disapply the immediate requirement for a maritime area consent for a strategic infrastructure project where the applicant is already in consultation with An Bord Pleanála, which is a partner provision to a similar amendment made to the Planning and Development Act 2000; remove the requirement for consent where a lease or licence had been granted before a specified date; and provide for a suspension of the automatic termination of consent where a receiver or examiner is appointed to the holder or the holder becomes subject to a winding-up order in order to facilitate the transfer of the consent to another party.

The purpose of the amendment to the Lough Corrib Navigation Act 1945 is to address a legal matter caused by the repeal of some the Drainage (Ireland) Act 1856, under which the Lough Corrib Navigation Trustees was established. The Lough Corrib Navigation Act 1945 reconstituted the board of trustees. The proposed amendments to that Act and will reinstate functions of the trustees that were removed as a result of the repeal of the 1856 Act.

The amendments proposed to section 19A of the Local Government Act 2001, as inserted by the Local Government (Maternity Protection and Others Measures for Members of Local Authorities) Act 2022, are to clarify that a councillor who has caused a temporary absence and sought a temporary substitute could not continue to exercise the functions of councillor during the period of their absence. The temporary substitute fulfils the functions of the councillor causing the temporary absence for the period of that absence.

The Local Government Rates and Other Matters Act 2019 modernises the collection of rates. Certain provisions of the Act were commenced in 2019, but amendments are required prior to further commencement. These include provisions: to refine the process of levying rates on the appropriate valuation list and subsequent billing; to simplify the process for notification of changes in status of liable persons and properties; to clarify that only a liable person who owns a relevant property and proposes to sell the property is required to discharge any rates and interest due and payable; to clarify that any rates and interest on overdue rates due and unpaid by a liable person who owns a relevant property would remain a charge on the property; to clarify the rights to enter a rateable property that does not contain a dwelling; and to provide for additional repeals.

The Act must be commenced this year to comply with a legal requirement to make rate limitation orders as part of the national revaluation programme. Amendments are required to the Valuation Act 2001 to allow local authorities to deal with overpayments or underpayments of rates consequential on decisions of appeals to the Valuation Tribunal or the courts, and for transitional provisions to make rate limitation orders for seven local authorities undergoing revaluation this year.

I ask for the support of the Members of the House for this motion to enable these important amendments to be tabled.

See this speech in context