Results 321-340 of 10,035 for speaker:Martin Cullen

Seanad: Local Government Bill 2003: Report and Final Stages. (25 Mar 2003)

Martin Cullen: I have no doubt about this issue. From the perspective of all politicians, including those in the Oireachtas and at local authority level, there was absolute unanimity in regard to this issue. People did not want to proceed with the directly elected chair for many reasons to which I have already referred. I do not intend to repeat what I said previously. Perhaps the issue can be revisited at...

Seanad: Local Government Bill 2003: Report and Final Stages. (25 Mar 2003)

Martin Cullen: I do not propose to accept the amendment. There is general acceptance that the provisions in regard to expenditure limits for local elections worked exceptionally well from the point of view of the public, politicians and the various political parties. We are aware of the difficulties in this regard at national level. I am more inclined towards national legislation rather than local authority...

Seanad: Local Government Bill 2003: Report and Final Stages. (25 Mar 2003)

Martin Cullen: I have already dealt with this issue. I understand the thinking behind the amendment, but the balance is correct following previous legislation. I have spoken to all the parties in relation to a town council member being a member of a county council. Town councils' planning applications are dealt with at local authority level, therefore, there would be no conflict of interest. It is what all...

Seanad: Local Government Bill 2003: Report and Final Stages. (25 Mar 2003)

Martin Cullen: We discussed this issue at length on Second Stage and Committee Stage. This law works extremely well. Only four local authorities have been removed in more than half a century. This is great credit to the local authority system. The last removal was Naas UDC in 1985, almost 20 years ago. Prior to that one would have to go back to 1969, when the members of Dublin Corporation were removed. The...

Seanad: Protection of the Environment Bill 2003: Report and Final Stages. (1 Apr 2003)

Martin Cullen: The amendment seeks to ensure that a person or company carrying out an environmental impact statement which is associated with a planning application for which an IPPC licence is required has no financial interest in the project in question. Senator Ryan spoke on the amendment on Committee Stage and highlighted what he regards as the way in which an environmental impact statement may be...

Seanad: Protection of the Environment Bill 2003: Report and Final Stages. (1 Apr 2003)

Martin Cullen: The new section 3B reflects the direct link between the Schedule and the IPPC directive. It is impossible to anticipate the changes, if any, the European Union may make in the licensing annex of the directive. What is certain, however, is that if the EU imposes more strict controls than those set out in the Schedule, Ireland must follow suit. Section 3B will give the Minister the flexibility...

Seanad: Protection of the Environment Bill 2003: Report and Final Stages. (1 Apr 2003)

Martin Cullen: With all due respect to the Senator, this amendment achieves nothing in a legal sense. It seeks to change a permissive power for the EPA to hold an oral hearing, "shall have", to another permissive power, "may". I maintain the view expressed on Committee Stage that using the word "may" instead of "absolute discretion" makes no material difference. I also repeat my view about maintaining...

Seanad: Protection of the Environment Bill 2003: Report and Final Stages. (1 Apr 2003)

Martin Cullen: On Committee Stage we discussed the question of including the words "or affirmation" after "oath" in the relevant parts of the new section 88 dealing with the EPA oral hearings. The advice to me at the time from the Attorney General's office was that this was not necessary as a reference to an oath includes an affirmation, and that remains legally the case. However, in the light of comments...

Seanad: Protection of the Environment Bill 2003: Report and Final Stages. (1 Apr 2003)

Martin Cullen: This is a correction to the syntax of the text. There is no change in substance. It is a technical amendment. Amendment agreed to.

Seanad: Protection of the Environment Bill 2003: Report and Final Stages. (1 Apr 2003)

Martin Cullen: I undertook on Committee Stage to consider the implications of proposals to extend the provisions of section 99(h) to give jurisdiction to the Circuit Court as well as the High Court in relation to matters set out in the section. As a result, I am now bringing forward amendments for consideration by the House. Apart from including references to the Circuit Court in a number of places, the...

Seanad: Protection of the Environment Bill 2003: Report and Final Stages. (1 Apr 2003)

Martin Cullen: It is not right to require a local authority to continue to collect household waste from a person if that person fails to pay relevant waste charges, nor is it right that people who comply with the law and pay the charges should subsidise neighbours who refuse to comply and that is what the Senator proposes in this amendment. The polluter pays principle underpins this legislation and it is...

Seanad: Protection of the Environment Bill 2003: Report and Final Stages. (1 Apr 2003)

Martin Cullen: I want to arrive at a situation where waste is charged for by weight because that will overcome the differences. We are moving towards that and it will be a major step forward because everyone will pay the same by weight and it will encourage people to recycle, minimise and compost. I take the Senator's point but we are moving in the right direction. Amendment, by leave, withdrawn.

Seanad: Protection of the Environment Bill 2003: Report and Final Stages. (1 Apr 2003)

Martin Cullen: We discussed this at some length on Committee Stage and I do not propose to accept an amendment that would compel any local authority to provide a mandatory system of waivers in respect of all or part of waste charges. I am maintaining the status quo that works extremely well across the State. The local authorities are not currently under an obligation to provide for waivers in respect of...

Seanad: Protection of the Environment Bill 2003: Report and Final Stages. (1 Apr 2003)

Martin Cullen: The exhibition of advertisements and articles is already subject to development and control under section 3 of the Planning and Development Act 2000. They already require planning permission. The amendment, as drafted, would have the effect of removing planning controls from advertisements as these would now be subject to the exemption in section 19 of the 1997 Act, in respect of articles and...

Seanad: Protection of the Environment Bill 2003: Report and Final Stages. (1 Apr 2003)

Martin Cullen: I am happy to accept Senator Bannon's amendment. It is a worthwhile improvement to the Bill. If I am presented with a good idea, I am always happy to accept it.

Seanad: Protection of the Environment Bill 2003: Report and Final Stages. (1 Apr 2003)

Martin Cullen: This technical amendment makes a drafting change to clarify that the obligations on owners or managers under the by-laws made by local authorities under the section can be met by their arranging for the exterior of their premises to be washed and cleaned in the manner required in the by-laws. Amendment agreed to.

Seanad: Protection of the Environment Bill 2003: Report and Final Stages. (1 Apr 2003)

Martin Cullen: I am surprised at Senator O'Meara's seconding the amendment. I do not believe that it follows the Labour Party approach. The Senator's colleague, Deputy Gilmore, might be aghast. I will take it that the Senator has seconded the amendment on a purely technical basis to get the discussion going as it is not primary Labour Party policy. Senator Bannon's amendment touches on issues that have been...

Seanad: Protection of the Environment Bill 2003: Report and Final Stages. (1 Apr 2003)

Martin Cullen: That is an agricultural issue.

Seanad: Protection of the Environment Bill 2003: Report and Final Stages. (1 Apr 2003)

Martin Cullen: The purpose of the Third Schedule to the Waste Management Act 1996 is to transpose the provisions of Annex IIA of Council Directive 75/442/EEC – the framework waste directive – which specifies waste disposal activities for the purposes of the directive. Similarly, the Fourth Schedule to the 1996 Act is intended to reflect waste recovery activities specified in Annex IIB of the directive....

Seanad: Protection of the Environment Bill 2003: Report and Final Stages. (1 Apr 2003)

Martin Cullen: I will not get into the Fischler proposals with the Senator.