Results 3,501-3,520 of 7,278 for speaker:Dick Roche

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

Dick Roche: I thank Senator Bannon for tabling these amendments. I will not accept amendments for the reason to which I referred, although the Senator's point about the submission of haphazard applications was well made. However, this is not the appropriate Bill in which to express that point because one anticipates that anything that comes under this Bill of that magnitude would not involve "back of the...

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

Dick Roche: When the Senator suggested we should take this point aside and examine it, I was interested, but there is not a cogent argument for doing what the Senator proposes. If we were to insert the word "either" in this subsection, we would have to redraft the text elsewhere in this section and insert another word "either", which would not add greatly to the text. If one includes the word "either"...

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

Dick Roche: It is not necessary to insert the word "either" in this section of the Bill. If the word is omitted, any decision of the board to "refuse to deal with any application made to it under this section" will be permitted if the board "considers that the application for permission or the environmental impact statement is inadequate or incomplete". If one includes the word "either" in that...

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

Dick Roche: That we are talking about websites in the context of legislation is a sign that we have come a long way. The amendments before the House seek the specific inclusion in the Bill of a provision that would require the publication in a newspaper of the name of a website on which an environmental impact assessment can be downloaded or viewed free of charge. I agree with Senator McCarthy that it is...

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

Dick Roche: Again I thank Senator Bannon. This is really a stylistic issue. He is proposing in the main here to remove the words "proposed development". If one goes back to the spoken language the words "proposed development" would not be used time and again in different sections which are clearly related. We are not talking about the spoken language, however, but a legal text and the advice is to leave...

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

Dick Roche: The Senator is possibly right. It adds significantly to the word count, but if one considers, from a different viewpoint, the possibility of a legal challenge to a particular section it is clear that the section requires the type of self-containment ensured by including the whole set of words. On amendment No. 26, I am not sure that it is grammatically correct to take out "from the" and...

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

Dick Roche: The words "in relation to a proposed development to the Board" have a very specific purpose in that particular sentence, if one reads the entire section. To delete those words would have the exact opposite effect to that being sought. Section 37E(4) reads, "...prepare and submit to the Board a report setting out the views of the authority on the effects of the proposed development on the...

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

Dick Roche: I will not accept this amendment and reading through it again and listening to the debate I am conscious that we are ad idem on one thing. Senator McCarthy stated that over the years there has been a haemorrhaging away of authority from elected representatives. Senator Bannon made the same point. In many ways councillors find themselves as rather impotent in a council chamber faced, as they...

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

Dick Roche: The last part of Senator Bannon's contribution is not something against which I would argue. He will accept I have already made guidelines on rural planning for which I have been roundly criticised by some quarters but about which I am proud, especially when I drive through the country and see the resurrection of the countryside, the very point Senator Bannon advocated. I do not think the...

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

Dick Roche: ——and getting back to the amendment, it is important that we keep the precision as it is drafted. That will be to the advantage of councillors around the country. They will know precisely and specifically on what they may draw up a report.

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

Dick Roche: The Bill does not exclude expert advice. It provides that the board may seek the views of any person or party it feels may have information relevant to the determination of an application. That would include health experts if, in the opinion of the board, that would be appropriate. The Bill also provides for the making of regulations to prescribe bodies for the purpose of consultation on an...

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

Dick Roche: Yes, that is why a specific reference can be made in this regard to regulations, as has happened in the past. It is not necessary to amend the legislation because the board may seek the views of any person or party it feels may have information and that would include health experts. The practice was to make regulations to prescribe bodies for the purpose of consultation which, in this case,...

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

Dick Roche: I gave Senator Bannon's point some thought during the short break between press conferences and other things. I understand his concerns, but the health issue would have to be covered in an EIS. In a project developed under this Bill, an EIS would be part and parcel of the process. The arrangements in the Bill as stated are permissive, that is they allow the local board to call on such...

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

Dick Roche: I tend not to disagree with the Senator on the question of absolute power. This phrase was introduced for good reason in section 16 of the 1976 Act that established An Bord Pleanála. It was introduced to prohibit interference with the board and to prevent it from being stymied in its right to make a decision on an oral hearing. The phrase jumps off the page and causes difficulties for me as...

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

Dick Roche: I am grateful to the Senator. If one examines the 1976 Act, one will find a reference in the same section to the Minister having certain rights to overrule. That has since been dropped. The Senator is right that it is important that we protect the board's right to make decisions. If he raises the matter on Report Stage, I will address any queries he has.

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

Dick Roche: The Senator will not be surprised that I believe the amendments do not add value. One thing they achieved was to keep many of my officials up over the weekend. They were saying prayers for the Senator because I said I wanted each individual case dealt with. The question is again one of language usage. The inclusion of the words "for permission" in every phrase could be regarded as somewhat...

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

Dick Roche: Will the Senator stop? The amendment is a little pedantic. To add the words "where applicable" is somewhat otiose if one reads the section. The amendment could insert the phrase "where applicable" in a paragraph permitting the board "to indicate that it is considering granting permission, subject to the applicant for permission submitting revised" drawings. The amendment is unnecessary...

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

Dick Roche: I am sorry the Senator had to stay up so late at night. I hope he did not lose too much beauty sleep. Unlike the previous amendments where he wanted to strike out words, these amendments add words. I understand the Senator's point, which is to remove the phrase "or for the purposes of an activity for which" from subsection (5) and insert a similar phrase later in the Bill, which is a little...

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

Dick Roche: All I can say is that the Senator's charms and persuasive powers worked more easily on the less hard-hearted Minister at the time. I do not wish to crush the Senator entirely but in amendment No. 44, he proposes to delete the word "a" in the phrase "an integrated pollution control licence or a waste licence" in subsection (5). The phrase is grammatically and legally correct so I cannot accept...

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

Dick Roche: I thank Senator Bannon for his comments on the EPA because it is easy for people to knock statutory agencies which have been established and demand that the Minister of the day interfere with their independence. I will make sure Senator Bannon's positive comments are conveyed to Dr. Kelly who, along with her colleagues, have given some considerable service to the EPA. While I do not always...