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Seanad: Planning and Development (Strategic Infrastructure) Bill 2006: Committee Stage. (3 May 2006)

James Bannon: On amendment No. 27, which proposes the deletion of "in relation to a proposed development to the Board", the phrase "under subsection (4), submit the report" could refer to any report. The Minister has not specified a report, so perhaps he might provide more clarity in that regard. Different interpretations may be taken. It just states "submit the report".

Seanad: Planning and Development (Strategic Infrastructure) Bill 2006: Committee Stage. (3 May 2006)

James Bannon: I, too, support the statement by the Minister as regards strengthening the role of elected members of local authorities. We are all elected representatives in some shape or form and have to deal with local authorities and planning and development applications in our counties. Perhaps the Minister could go even further and name local authorities and also public representatives in this...

Seanad: Planning and Development (Strategic Infrastructure) Bill 2006: Committee Stage. (3 May 2006)

James Bannon: We are all in agreement that more power should be given to local authority members. As I pointed out in regard to several other items of legislation, powers have been taken away from elected members. What frustrates elected members around the country is that county development plans are prepared and signed off by the elected members but the interpretation of definitions is subsequently taken...

Seanad: Planning and Development (Strategic Infrastructure) Bill 2006: Committee Stage. (3 May 2006)

James Bannon: Yes.

Seanad: Planning and Development (Strategic Infrastructure) Bill 2006: Committee Stage. (3 May 2006)

James Bannon: I move amendment No. 33: In page 10, between lines 35 and 36, to insert the following: "(8) Where a reasonable request that the Board consult with an independent health expert on the health implications of any proposed infrastructural development is received by the Board from local residents or other interested local parties, such a request shall be complied with.". It is essential that this...

Seanad: Planning and Development (Strategic Infrastructure) Bill 2006: Committee Stage. (3 May 2006)

James Bannon: They are an important aspect.

Seanad: Planning and Development (Strategic Infrastructure) Bill 2006: Committee Stage. (3 May 2006)

James Bannon: It is essential that this amendment should be inserted because reference is not made to health and safety expertise in the legislation. The Minister referred to health boards but they were abolished more than 12 months ago. Their successor, the HSE, is not mentioned. I plead with the Minister to take the amendment on board. It is not too much to ask him to accept it because it will allay the...

Seanad: Planning and Development (Strategic Infrastructure) Bill 2006: Committee Stage. (3 May 2006)

James Bannon: This Bill provides for the transfer of many of the Minister's powers to An Bord Pleanála. Senator Kitt referred to discussions on incineration and landfills but we are entitled to debate such issues because the Senator knows as well as I the controversies which arise from them. Concern exists among the public about the health implications of major waste management projects such as...

Seanad: Planning and Development (Strategic Infrastructure) Bill 2006: Committee Stage. (3 May 2006)

James Bannon: I move amendment No. 35: In page 10, line 39, to delete "for permission". These amendments are of a technical nature and will provide a clearer interpretation of the Bill. They are self-explanatory and would greatly improve the Bill. The Minister would be wise to accept them and I hope he will consider doing so.

Seanad: Planning and Development (Strategic Infrastructure) Bill 2006: Committee Stage. (3 May 2006)

James Bannon: I move amendment No. 36: In page 10, line 43, after "indicate" to insert "where applicable". This is a technical amendment which would improve the Bill, although the Minister may have a different view. The Minister stated his officials were up late over the weekend. I also burned more than the midnight oil putting the amendments together.

Seanad: Planning and Development (Strategic Infrastructure) Bill 2006: Committee Stage. (3 May 2006)

James Bannon: I move amendment No. 43: In page 11, line 52, to delete "or for the purposes of an activity for which". These are technical amendments which would improve the Bill by giving greater clarity to the section. The Minister might consider accepting them. I spent considerable time reading through the Bill and feel the amendments would be a useful addition.

Seanad: Planning and Development (Strategic Infrastructure) Bill 2006: Committee Stage. (3 May 2006)

James Bannon: I submitted similar amendments on Committee Stage of the Waste Management Bill and the Protection of the Environment Bill. Although the Minister said on Committee Stage he would not take them on board, I noticed he tabled them as Government amendments on Report Stage. I would not be surprised to see some of these amendments on Report Stage. The Minister has probably not studied the Bill...

Seanad: Planning and Development (Strategic Infrastructure) Bill 2006: Committee Stage. (3 May 2006)

James Bannon: I move amendment No. 47: In page 12, line 11, after "subsection (5)" to insert the following: ", and it shall not make such a decision within that period without having either— (i) considered the observations of the Agency, or (ii) received notification from the Agency that the Agency does not intend to make a submission". This is an important amendment which is why the Minister should...

Seanad: Planning and Development (Strategic Infrastructure) Bill 2006: Committee Stage. (3 May 2006)

James Bannon: I move amendment No. 48: In page 13, between lines 21 and 22, to insert the following: "(3) When making a decision in respect of a proposed development for which an application is made under section 37E, the Board shall, without prejudice to the generality of subsection (1), consult with any relevant planning, local or regional authority, so that it shall be apprised of the opinions of local...

Seanad: Planning and Development (Strategic Infrastructure) Bill 2006: Committee Stage. (3 May 2006)

James Bannon: The Minister said the "manager" must present the report. My amendment is all about the involvement of elected representatives who, after all, represent the voice of the people. The Minister stated he might examine section 37E. However, my amendment, if taken on board, would deal with this specifically. It is important that my proposal be included in the Bill. The Minister is iffy about his...

Seanad: Planning and Development (Strategic Infrastructure) Bill 2006: Committee Stage. (3 May 2006)

James Bannon: I move amendment No. 53: In page 14, line 23, to delete "situate" and substitute "situated". This is a technical amendment. I want to see consistency throughout the Bill and "situated" is the word that I am used to, so I am asking the Minister to consider deleting "situate" and substitute "situated", which would give a little more consistency to the Bill. It is a kind of semi-technical amendment.

Seanad: Planning and Development (Strategic Infrastructure) Bill 2006: Committee Stage. (3 May 2006)

James Bannon: I thank the Minister for accepting the amendment. It is a foretaste of things to come.

Seanad: Planning and Development (Strategic Infrastructure) Bill 2006: Committee Stage. (3 May 2006)

James Bannon: I move amendment No. 56: In page 15, line 7, before "in" where it firstly occurs, to insert "to be specified by the Board,". We must specify the conditions in this section. The amendment would add to the Bill; it would be a stronger reference and give a clearer interpretation. I support the inclusion of this recommendation.

Seanad: Planning and Development (Strategic Infrastructure) Bill 2006: Committee Stage. (3 May 2006)

James Bannon: I thank the Minister for accepting this amendment.

Seanad: Planning and Development (Strategic Infrastructure) Bill 2006: Committee Stage. (3 May 2006)

James Bannon: I move amendment No. 57: In page 15, to delete lines 11 to 17. A financial consideration is involved in this amendment. The Minister might consider deleting the lines 11 to 17 in the subsection, which provide "A condition attached pursuant to subsection (7)(d) shall not require such an amount of financial resources to be committed for the purposes of the condition being complied with as would...

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