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Written Answers — Department of Housing, Planning, and Local Government: Electoral Process (23 Nov 2022)

Malcolm Noonan: The , enacted on 25 July, delivers the legislative underpinning for a range of significant electoral reforms set out in the “Programme for Government – Our Shared Future”. Provisions commenced on 13 October under , included those provisions necessary for the introduction of the new processes in relation to electoral registration. The reforms include the introduction of...

Declaration of a Housing Emergency: Motion [Private Members] (22 Nov 2022)

Malcolm Noonan: Before I deliver my closing speech, I will address a couple of points raised. On Deputy Connolly's question regarding the report, the Galway task force will follow that up for her. A couple of Deputies have mentioned an overreliance on HAP. That is something the Government is addressing by trying to reduce that overreliance. On Deputy Wynne's point, the wording for the referendum on...

Seanad: Water Environment (Abstractions and Associated Impoundments) Bill 2022: Committee Stage (Resumed) (22 Nov 2022)

Malcolm Noonan: This section is about the cumulative effects of smaller abstractions and the threshold that the Senators mentioned. This would be captured as part of the regular water framework directive monitoring, with sophisticated flow modelling and field investigations by local authorities' water programmes. The registration threshold is sufficient to capture over 99% of the volume of water abstracted...

Seanad: Water Environment (Abstractions and Associated Impoundments) Bill 2022: Committee Stage (Resumed) (22 Nov 2022)

Malcolm Noonan: The suggested amendment would only relate to a temporary measure to alleviate acute animal welfare concerns. A permanent and foreseen abstraction for the purposes of animal welfare concerns, which is above the registration threshold, should be placed on the register. The amendment is not accepted as section 9(3)(b) of the Bill provides for an exemption for temporary abstraction to...

Seanad: Water Environment (Abstractions and Associated Impoundments) Bill 2022: Committee Stage (Resumed) (22 Nov 2022)

Malcolm Noonan: Section 9, dealing with exemptions is included to ensure that where such exemptions are appropriate and allowed for under the water framework directive, they can be exercised if necessary. The scope of the exemptions that would potentially be permitted by regulations made under this section is strictly limited and these activities are listed in section 9. No specific organisations are...

Seanad: Water Environment (Abstractions and Associated Impoundments) Bill 2022: Committee Stage (Resumed) (22 Nov 2022)

Malcolm Noonan: This amendment is not accepted as the Environmental Protection Agency will be subject to data protection law - the Data Protection Acts 1998 to 2018, the Data Sharing and Governance Act 2019 and the general data protection regulation, GDPR. Only the appropriate non-personal information relating to the abstraction will ever be published by the agency. This is similar to what the EPA does...

Seanad: Water Environment (Abstractions and Associated Impoundments) Bill 2022: Committee Stage (Resumed) (22 Nov 2022)

Malcolm Noonan: This section enables public authorities, including local authorities, to submit an opinion to the EPA that the abstraction would be better regulated by the EPA despite it otherwise falling under local authorities' responsibility. It is an added element to ensure that abstractions that are identified as posing a risk to the relevant water bodies are properly controlled. Removing this section...

Seanad: Water Environment (Abstractions and Associated Impoundments) Bill 2022: Committee Stage (Resumed) (22 Nov 2022)

Malcolm Noonan: Section 23(2)(b)(v) provides for the information included in annex IV of the EIA directive by reference to the transposing legislation, namely, the 2001 planning and development regulations. Where any change is made to the EIA directive requirements, the 2001 regulations will also be updated so that the reference in the Bill remains valid and up to date. The Department is satisfied that all...

Seanad: Water Environment (Abstractions and Associated Impoundments) Bill 2022: Committee Stage (Resumed) (22 Nov 2022)

Malcolm Noonan: This amendment ensures that the agency has discretion in granting a licence to abstractors who have come to its attention for breaches of a licence where the agency, in its expert opinion, believes that such breaches do not warrant outright refusal of a future licence. In some cases, these breaches will be minor and amenable to simple rectification through the standard enforcement actions....

Seanad: Water Environment (Abstractions and Associated Impoundments) Bill 2022: Committee Stage (Resumed) (22 Nov 2022)

Malcolm Noonan: These insertions correct a drafting omission that, if uncorrected, would result in instances where an impoundment that was not previously subject to a joint licence was omitted from the requirements of the subsection. This insertion is required to ensure the protection of the environment as well as the conditions of existing licences reliant on a given associated impoundment. Subsection (5)...

Seanad: Water Environment (Abstractions and Associated Impoundments) Bill 2022: Committee Stage (Resumed) (22 Nov 2022)

Malcolm Noonan: The powers in section 61(2)(d) and (e) are based on section 13 of the Water Supplies Act 1942 and must be retained in their full form in this Bill to allow for the 1942 Act to be repealed. Furthermore, the exercise of these powers is subject to an objections procedure provided for in sections 64 to 68, inclusive, and the compensation provisions in sections 69, 72 and 82. The objections...

Seanad: Water Environment (Abstractions and Associated Impoundments) Bill 2022: Committee Stage (Resumed) (22 Nov 2022)

Malcolm Noonan: A timeframe of 52 weeks is included in the Bill to ensure that all claims are submitted and dealt with in an appropriate timeframe. Any claim for compensation under this section can be made only after the abstraction has commenced. Any person who believes he or she may be entitled to compensation has the duration of the licence application process, plus the additional 52 weeks provided in...

Seanad: Water Environment (Abstractions and Associated Impoundments) Bill 2022: Committee Stage (Resumed) (22 Nov 2022)

Malcolm Noonan: The provisions of the Bill are considered sufficient to provide for adequate compensation relating to any material impact arising from public abstractions, both permanent and temporary. There is no need for the development of a national compensation claims protocol related to material impacts arising from public abstractions. During the development of the Bill, due consideration was given...

Seanad: Water Environment (Abstractions and Associated Impoundments) Bill 2022: Committee Stage (Resumed) (22 Nov 2022)

Malcolm Noonan: That is a useful suggestion but it is beyond the scope of the Bill. Having said that, I acknowledge and recognise the legitimate concerns Senator Boyhan has raised, and they can be reconsidered at a later time.

Seanad: Water Environment (Abstractions and Associated Impoundments) Bill 2022: Committee Stage (Resumed) (22 Nov 2022)

Malcolm Noonan: This amendment corrects a drafting error to put the Acts listed in order of date.

Seanad: Water Environment (Abstractions and Associated Impoundments) Bill 2022: Committee Stage (Resumed) (22 Nov 2022)

Malcolm Noonan: This amendment is included to enable the Minister to contact directly persons who may be affected by an order exempting Irish Water from the requirements of all or any provision of Part 5 owing to a civil emergency under the EIA directive. When making an application for such an exemption under section 80, Irish Water will be required to furnish the Minister with the contact details of owners...

Seanad: Water Environment (Abstractions and Associated Impoundments) Bill 2022: Committee Stage (Resumed) (22 Nov 2022)

Malcolm Noonan: This amendment has been drafted to bring clarity to the provisions of section 83 relating to abstractions by Irish Water from reservoirs of the ESB. It ensures that the ESB shall not be held liable for the effects of an abstraction that it has permitted from one of its reservoirs but that it is not undertaking itself.

Seanad: Water Environment (Abstractions and Associated Impoundments) Bill 2022: Committee Stage (Resumed) (22 Nov 2022)

Malcolm Noonan: The amendments will correct clerical inaccuracies in the text. Regarding amendment No. 22 and section 96(1)(c), "exercise all or any of the powers" is the correct phrase given section 95, the section referenced, provides for the powers of authorised persons rather than their functions. Amendment No. 23, to the chapeau of section 96(2), will correct a clerical error whereby reference should...

Written Answers — Department of Housing, Planning, and Local Government: Departmental Schemes (22 Nov 2022)

Malcolm Noonan: My Department operates a grant scheme for rethatching houses that are more than ten years old and that are normal places of residence. The current maximum grant is €3,810; a higher grant (up to €5,714) may be payable for houses on specified Islands; for Medical Card holders, the maximum grant is €6,350, or up to 80% of the approved cost (€8,252 for specified...

Written Answers — Department of Housing, Planning, and Local Government: Turf Cutting (22 Nov 2022)

Malcolm Noonan: An application for compensation under the Cessation of Turf Cutting Compensation Scheme has been received by my Department from the individual referred to in the Deputy’s question. Correspondence issued on 2nd November 2022 and larger maps have now been issued to the individual as requested.

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