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Seanad: Planning and Development and Foreshore (Amendment) Bill 2022: Committee and Remaining Stages (8 Dec 2022)

Malcolm Noonan: There are options here in respect of the committee. The committee would be similar to committee systems that already exist for the recruitment of the chair of An Bord Pleanála. There is a Public Appointments Service, PAS, competition or a hybrid of both that involves a PAS process or a committee. We are satisfied that in respect of the Minister establishing a suitable, independent,...

Seanad: Planning and Development and Foreshore (Amendment) Bill 2022: Committee and Remaining Stages (8 Dec 2022)

Malcolm Noonan: I assume Senator Higgins is withdrawing amendment No. 42.

Seanad: Planning and Development and Foreshore (Amendment) Bill 2022: Committee and Remaining Stages (8 Dec 2022)

Malcolm Noonan: I will reply to all the amendments, if that is okay. I do not accept amendment No. 41. The Bill removes the provision that currently allows the board to determine, by resolution, that a quorum for a meeting of the board for particular case types should be two. Action 14 of action plan for An Bord Pleanála recommends that the board should operate with a minimum quorum of three and that...

Seanad: Planning and Development and Foreshore (Amendment) Bill 2022: Committee and Remaining Stages (8 Dec 2022)

Malcolm Noonan: It is with regard to certain categories. It is in relation to strategic housing developments.

Seanad: Planning and Development and Foreshore (Amendment) Bill 2022: Committee and Remaining Stages (8 Dec 2022)

Malcolm Noonan: I do not propose to accept amendment No. 43. The provision it seeks to amend is necessary to ensure temporary ordinary board members can be urgently appointed from former or current public and civil servants where, owing to the illness of the chairperson or of an ordinary member, or for any other reason, a sufficient number of members of the board is not available to enable the board to...

Seanad: Planning and Development and Foreshore (Amendment) Bill 2022: Committee and Remaining Stages (8 Dec 2022)

Malcolm Noonan: These amendments are not accepted as it is considered that section 10 of the Bill makes sufficient provision for the chairperson to act on a complaint or otherwise and, in particular, gives the Minister sufficient powers to intervene, where appropriate, to require the chairperson to report to the Minister on the result of an interview or investigation. The existing provisions under the Act...

Seanad: Planning and Development and Foreshore (Amendment) Bill 2022: Committee and Remaining Stages (8 Dec 2022)

Malcolm Noonan: I fully accept that the thrust of the amendments is to improve the legislation. I also agree that this legislation is not about making matters slightly better but about really improving the robustness, transparency and quality of the decision-making of An Bord Pleanála. That is what we are setting out to achieve. I go back to the point about environmental experts or environmental law...

Seanad: Planning and Development and Foreshore (Amendment) Bill 2022: Committee and Remaining Stages (8 Dec 2022)

Malcolm Noonan: The requirements in relation to the code of conduct are already contained in Part 7 of the Act. The board is currently revising its code of conduct. An Bord Pleanála board members are also required to make annual declarations under Part 7. In addition, board members are required to make separate ethics in public office declarations.It is the responsibility of individual board members...

Seanad: Planning and Development and Foreshore (Amendment) Bill 2022: Committee and Remaining Stages (8 Dec 2022)

Malcolm Noonan: We can look into the points that have been raised.

Seanad: Planning and Development and Foreshore (Amendment) Bill 2022: Committee and Remaining Stages (8 Dec 2022)

Malcolm Noonan: I do. I wish to join with the Leas-Chathaoirleach in welcoming Teresa, Leon and Deputy Niamh Smyth to the Gallery. In response to amendment No. 53, the effect of this amendment would be to limit the authority of the Minister to regulate the foreshore to a depth of 30 f. It is necessary that the Minister’s authority under the Bill to require a licence and to appropriately assess the...

Seanad: Planning and Development and Foreshore (Amendment) Bill 2022: Committee and Remaining Stages (8 Dec 2022)

Malcolm Noonan: The amendments provided for in the Bill are intended to amend the Foreshore Act 1933 in order to ensure that there is no doubt over the definition of foreshore and the Act can operate as it always has. This includes requiring a foreshore licence for the lawful undertaking of geophysical and geotechnical surveying. The existing consent process includes assessments required under the birds...

Seanad: Planning and Development and Foreshore (Amendment) Bill 2022: Committee and Remaining Stages (8 Dec 2022)

Malcolm Noonan: I again thank the Senator. I know she has a major interest in the issue of rights of way. The existing operations of the foreshore consent regime have not encountered any difficulties regarding the interference with existing rights. The Bill is not providing for or introducing any new regulatory powers or amendments to the consenting arrangements that prevailed before doubt was cast over...

Seanad: Planning and Development and Foreshore (Amendment) Bill 2022: Committee and Remaining Stages (8 Dec 2022)

Malcolm Noonan: The amendments provided for in the Bill are intended to amend the Foreshore Act 1933 in order to ensure that there is no doubt over the definition of foreshore and the Act can operate as it always has. This operation includes requiring a foreshore licence for the lawful undertaking of geophysical and geotechnical surveying, including the use of sonar and other modern methods of...

Written Answers — Department of Culture, Heritage and the Gaeltacht: Departmental Funding (8 Dec 2022)

Malcolm Noonan: My Department provides financial support for the protection of eligible heritage buildings and historic structures through two grant schemes which are, in the main, administered by the local authorities. These are the Historic Structures Fund (HSF) and the Built Heritage Investment Scheme (BHIS). The HSF is for conservation and enhancement of eligible heritage structures and historic...

Written Answers — Department of Culture, Heritage and the Gaeltacht: Special Areas of Conservation (8 Dec 2022)

Malcolm Noonan: There were no consents issued for the SACs in this time period relating to this matter, as there were no such applications.

Written Answers — Department of Housing, Planning, and Local Government: Special Areas of Conservation (7 Dec 2022)

Malcolm Noonan: The provision of compensation does not automatically apply to a site designated as a Special Area of Conservation. Under the European Communities (Birds and Natural Habitats) Regulations 2011-2021, compensation may be payable in certain instances where an application was made to carry out an activity requiring consent to which the regulations apply and that application was refused, modified,...

Seanad: Nithe i dtosach suíonna - Commencement Matters: Housing Schemes (6 Dec 2022)

Malcolm Noonan: Gabhaim buíochas leis an gCathaoirleach Gníomhach agus le Seanadóir Crowe as an gceist seo. The Housing for All strategy delivers on the programme for Government commitment to step up housing supply and put affordability at the heart of the housing system. Delivery of affordable housing, in accordance with the schemes set out in the Affordable Housing Act 2021, and the...

Seanad: Nithe i dtosach suíonna - Commencement Matters: Housing Schemes (6 Dec 2022)

Malcolm Noonan: With all due respect, the priorities around housing delivery in Galway City Council and Galway County Council are a matter for Galway City Council and Galway County Council. Our Government sets the policy agenda through Housing for All, but it is down to the local authority to strike the balance in respect of social and affordable housing delivery. That is a matter for the elected members...

Seanad: Nithe i dtosach suíonna - Commencement Matters: Wastewater Treatment (6 Dec 2022)

Malcolm Noonan: Gabhaim buíochas leis an Teachta as an gceist sin. As for checktheregister.ie, we meet and have met with the NCBI on a number of occasions, primarily to do with accessibility around polling stations and ballot papers. I was not aware of the issue the Senator raises.

Seanad: Nithe i dtosach suíonna - Commencement Matters: Wastewater Treatment (6 Dec 2022)

Malcolm Noonan: Certainly, if there is an issue we need to correct, I will talk to officials in franchise to try to correct it because there has been fantastic uptake on checktheregister.ie.

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