Conor Sheehan (Limerick City, Labour)

As far as I understand it, the position at the moment is that the 2000 Act is still partly in force and the 2024 Act is only partially commenced. My understanding of this is that section 4(6) of the 2024 Act allows the Minister, by regulation, to modify any provision of the Act if there is a difficulty with bringing it into operation. Such regulations cannot be made more than three years after the relevant provision has come into operation. The unspoken assumption is that problems can only be identified in the process of bedding down a new law.

Sections 69 and 81 are both transitional provisions as far as I understand it. Section 69 states that if notice were given of the preparation of a development plan before Part 2 of the 2000 Act was repealed then that Part would continue to apply. Section 81 provided for the continuation in force of local area plans made under the 2000 Act for their stated period. Sections 69 and 81 were both deleted and replaced by provisions in the 2025 Act, which largely consisted of technical amendments. The two substitute provisions both refer to the continuing effectiveness of things done before the repeal of Part 2 of the 2000 Act. I am trying to work this out in my own head. Perhaps it has occurred to the Minister that Part 2 should not be repealed all at once, and he wants to replace a reference to things done before the repeal of Part 2 with a reference to things done before the repeal of a particular section of this Part.

It seems the Minister wants to modify not the original wording of the 2000 Act, to which, arguably, the enabling section 4(6) was intended to be confined, but to use secondary legislation to modify later wording inserted into the Act of 2025. It seems to be a bit of a stretch to argue that an uncommenced provision can be amended by legislation and then the legislation, as amended, can be overridden.

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