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Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (29 Feb 2024)

Kieran O'Donnell: I probably did not explain myself properly. Where the Government “shall have regard”, obviously, “shall” is used in the context of prescribed documents. Section 22(2) states that the Government “shall” have regard to plans as may be prescribed but section 22(1) deals not only with prescribed documents but other documents as well, so the Minister or...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (29 Feb 2024)

Kieran O'Donnell: I will go back to the core point. If it is agreeable to members, I will undertake to come back on Report Stage, so that section 21 will read: The Minister shall make provision for public consultation in the review of the National Planning Framework, including arrangements for consulting- (a) members of the Oireachtas and Oireachtas committees, I undertake to come back with that on...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (29 Feb 2024)

Kieran O'Donnell: I would presume, for instance, a transport plan or environmental plans. It is anything that is relevant and specific. It may have regard to another document. It could be any document.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (29 Feb 2024)

Kieran O'Donnell: It could be any document.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (29 Feb 2024)

Kieran O'Donnell: I would expect that would form part of the consideration. It may relate to some other document, however. I cannot give the Deputy an example because that is not what section 22(1) is about. The Minister may look at any document outside of it. They could be research documents. We are trying to be prescriptive.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (29 Feb 2024)

Kieran O'Donnell: I understand the point the Deputy is making. The Government will have to set up what the prescribed documents are in terms of looking at the regulations around the NPF. Outside of those documents, the Minister "may have regard" to such plans. Therefore, we have to put in something whereby the Minister at the time or Government at the time "may have regard" to same. The phrase "shall have...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (29 Feb 2024)

Kieran O'Donnell: Correct.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (29 Feb 2024)

Kieran O'Donnell: Correct.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (29 Feb 2024)

Kieran O'Donnell: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (29 Feb 2024)

Kieran O'Donnell: I am sorry, I do not mean it in that sense, but-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (29 Feb 2024)

Kieran O'Donnell: It is a positive statement rather than a negative one.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (29 Feb 2024)

Kieran O'Donnell: It would very much be around, obviously, maritime plans and environmental plans. It will be quite prescriptive. It cannot be hugely general in-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (29 Feb 2024)

Kieran O'Donnell: Correct.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (29 Feb 2024)

Kieran O'Donnell: Is the Deputy referring to section 22 of the Bill?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (29 Feb 2024)

Kieran O'Donnell: I am sorry; I did not hear properly.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (29 Feb 2024)

Kieran O'Donnell: We discussed this issue in the last couple of minutes with Deputy Ó Broin. First, we will be bringing clarity in terms of the prescribed documents. That will come as part of the regulation when the legislation is enacted. Second, if we were to go with this particular amendment then this would be the only prescribed list, whereas "prescribed" is going to cover a lot of other areas. On...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (29 Feb 2024)

Kieran O'Donnell: I cannot accept this amendment for a number of reasons. First, we are doing the prescribed documents to a regulation. Second, that is the structure. I take the point, "shall include at least", but by putting in "shall include at least information" we run the risk we are making these more important than other elements that should be included. On human health and well-being, just looking at...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (29 Feb 2024)

Kieran O'Donnell: That was just an addition but the core point is we are bringing this through by way of regulation.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (29 Feb 2024)

Kieran O'Donnell: We believe bringing in prescribed documents by way of regulation is the more appropriate mechanism in terms of the model we are using for the national planning framework. On that basis I cannot accept the amendment.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (29 Feb 2024)

Kieran O'Donnell: I do.

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