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Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (15 Feb 2024)

Darragh O'Brien: There are just two amendments fágtha. They are amendments Nos. 430 and 432, which were tabled by Deputies Ó Broin, Gould and Ó Snodaigh and which relate to the publication of notices relating to development plans, which is a matter that may be provided for under section 10 of the Official Languages Act. I get the point, and I have asked my officials to review this matter...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (15 Feb 2024)

Darragh O'Brien: We have had a good discussion here and, in fairness, I think people can see that there is no easy way to approach some elements of this on the housing side. We had an issue a few years ago in one of the Gaeltachtaí whereby a family moved in and there was a Gaelscoil, a scoil lán-Ghaeilge, and they had no Irish. A case was taken to court to insist that the child spoke English, and...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (15 Feb 2024)

Darragh O'Brien: I appreciate what Deputy O'Callaghan has said. We will come back to the matter on Report Stage.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (15 Feb 2024)

Darragh O'Brien: I move amendment No. 32: In page 36, to delete lines 26 to 28 and substitute the following: “ “unauthorised development” means, in relation to land or a maritime site— (a) unauthorised works (including the construction, erection or assembly of an unauthorised structure), or (b) an unauthorised use;”.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (15 Feb 2024)

Darragh O'Brien: I move amendment No. 33: In page 36, to delete lines 29 to 38, and in page 37, to delete lines 1 to 17 and substitute the following: “ “unauthorised structure” means a structure on, in, over or under land or a maritime site, other than— (a) exempted development, (b) development carried out in accordance with— (i) a permission granted under Part IV...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (15 Feb 2024)

Darragh O'Brien: I move amendment No. 34: In page 37, between lines 22 and 23, to insert the following: “ “waste water discharge licence” means a licence under the Waste Water Discharge (Authorisation) Regulations 2007 (S.I. No. 684 of 2007);”.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (15 Feb 2024)

Darragh O'Brien: I thank the Deputies. As they have mentioned, the amendment seeks to reinsert provisions similar to section 1A of the Planning and Development Act 2000 which lists the EU laws and international conventions that are given effect or further effect by the Bill. This Bill already includes the relevant provisions where a provision is to give effect to EU law. For example, section 180 states...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (15 Feb 2024)

Darragh O'Brien: The directives were added to the Planning and Development Act 2000 retrospectively. They were only added to that legislation in 2010 because many of the directives came post the passing of the Bill in 1999, moving into 2000. Those directives are now in place and have been incorporated right the way through this legislation. The very clear advice from the Attorney General's Office was that...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (15 Feb 2024)

Darragh O'Brien: For the advice of members, the relevant directives are referenced within the Bill. Anything that is relevant to the planning Bill-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (15 Feb 2024)

Darragh O'Brien: -----is referenced within it.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (15 Feb 2024)

Darragh O'Brien: I understand the point, but I do not want to tell the Deputy that all 14 are there when I do not have that exact information.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (15 Feb 2024)

Darragh O'Brien: I am telling the Deputy any relevant directive is referenced very clearly within the Bill and we can get that clarified. I appreciate it but am not accepting the amendment, so I am not going to say any more.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (15 Feb 2024)

Darragh O'Brien: To explain it basically, the first reason is that the relevant directives are all within the Bill. When someone is reading a section it makes more sense to have it in the relevant section of the Bill. It says "here is the directive" and sets out how it interacts with our legislation. The other point that was made was around listing it in tabular form like a general provision. Let us...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (15 Feb 2024)

Darragh O'Brien: No. As the Chair has raised, in some areas the table lists and numbers the EU directives and in others it does not. If someone wants to table an amendment on that on Report Stage, that is fine but we will not accept it. It is better that the directives are referenced within the sections of the Bill where they are relevant. For fear of repeating that over and over again, that is the...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (15 Feb 2024)

Darragh O'Brien: I did not say that.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (15 Feb 2024)

Darragh O'Brien: To be helpful, all relevant directives are in the Bill.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (15 Feb 2024)

Darragh O'Brien: We have about 14 that the Deputy listed there. I do not think they are all directives either. All I am saying to the Deputy is that we can provide clarity separately. We have not left anything out. Everything is in the right section. There is no conspiracy here. We are not trying to hide anything. The Bill is better drafted now and relevant to the sections in which the directives would...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (15 Feb 2024)

Darragh O'Brien: On the Deputy's table?

Written Answers — Department of Housing, Planning, and Local Government: Referendum Campaigns (14 Feb 2024)

Darragh O'Brien: In accordance with standing procedure, the Department of the Taoiseach issues guidance to all Ministers and Government Departments in respect of the application of the principles of the various Court judgments relevant to the Government’s role in referendum campaigns (these are generally referred to as the ‘McKenna/McCrystal principles’). This guidance was issued by the...

Written Answers — Department of Housing, Planning, and Local Government: Housing Policy (14 Feb 2024)

Darragh O'Brien: Since the publication of the current Sustainable Rural Housing Guidelines in 2005 (which continue to have effect in addition to subsequent clarifications and national policy changes in the NPF) there have been important changes to our planning system. Most notably, obligations under European Directives and international agreements relating to the management and protection of the environment...

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