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Written Answers — Fire Service: Fire Service (16 May 2006)

Dick Roche: The Fire Services Act 1981 as amended by the Licensing of Indoor Events Act 2003, is a modern and comprehensive legislative code providing the statutory basis under which fire authorities and fire services carry out their fire fighting and other emergency functions. There are no proposals for further primary legislation in this area at this time.

Written Answers — Fire Service: Fire Service (16 May 2006)

Dick Roche: A new Framework for Major Emergency Management has been developed by the Inter-Departmental Committee on Major Emergencies. This Framework, when implemented, will provide a new and more comprehensive basis for the preparation of plans by An Garda Síochána, the Health Services Executive and Local Authorities to prepare for, and make a co-ordinated response to, major emergencies. The...

Written Answers — EU Directives: EU Directives (16 May 2006)

Dick Roche: I am fully aware of the importance of timely transposition of EU environmental legislation, some 200 items of which, including more than 140 Directives, have by now been transposed in this country. There are currently eight Directives in my Department's area of responsibility which are outstanding for transposition. A further four Directives are due for transposition between August 2006 and...

Written Answers — Local Authority Funding: Local Authority Funding (16 May 2006)

Dick Roche: â'¬6 million is available in 2006 for the new Social and Community Facilities Capital Scheme. This scheme, which will fund targeted capital developments, carried out through local authorities, is designed to enhance communities, address disadvantage and improve social cohesion at a local level. The scheme will be in addition to existing grants and supports allocated to local authorities to...

Written Answers — Ministerial Staff: Ministerial Staff (16 May 2006)

Dick Roche: I have made appointments to a single post of Special Adviser which is shared by David Grant who works four days per week and Stephen Kearon who works one day per week.

Written Answers — EU Directives: EU Directives (16 May 2006)

Dick Roche: The Water Framework Directive was transposed into Irish law in December 2003 by the European Communities (Water Policy) Regulations 2003. Ireland has to date met all implementation targets set out in the Directive. These include: transposition of the Directive into Irish law; identification of River Basin Districts (including International River Basin Districts in relation to waters shared...

Written Answers — Local Authority Accounts: Local Authority Accounts (16 May 2006)

Dick Roche: In accordance with the Accounting Code of Practice issued by my Department under section 107 of the Local Government Act 2001, the Annual Financial Statement (AFS) of a local authority for a given year is required to be prepared by 1 April and published by 1 July, both of the following year. Section 108 of the Act requires that as soon as practicable following the preparation of the AFS, it...

Seanad: Planning and Development (Strategic Infrastructure) Bill 2006: Report and Final Stages. (16 May 2006)

Dick Roche: I am grateful to the Senator for his persistence and charm. Regrettably, my answer will be the same as it was on Committee Stage. Before I reply to the Senator, however, I wish to speak on a personal note. I recall the former Senator Codd, who was from Wexford. I am aware that Senators have just paid tribute to him, and to former Senator Mannion, and while it may be inappropriate for me to do...

Seanad: Planning and Development (Strategic Infrastructure) Bill 2006: Report and Final Stages. (16 May 2006)

Dick Roche: I regret being negative because I told the Senator that I am disposed to using commonplace language in legislation. The strong advice, however, is that the language used here is the normal phrase to be used in such circumstances and it would be unwise to accept the amendments. With regret I am not in a position to be positive.

Seanad: Planning and Development (Strategic Infrastructure) Bill 2006: Report and Final Stages. (16 May 2006)

Dick Roche: The words "the proposed development" appear in all eight of these amendments. It appears somewhat pedantic to reference "the proposed development" in each section. The amendments concern a change in style rather than a fundamental change to the text. In other cases, however, Senator Bannon proposed to include some words to clarify the meaning of some of the text. In these cases he proposes to...

Seanad: Planning and Development (Strategic Infrastructure) Bill 2006: Report and Final Stages. (16 May 2006)

Dick Roche: Amendments Nos. 11 and 12 propose minor changes relating to the drafting of the text. They do not add value to the text and they may have unforeseen consequences. I do not propose to accept them. I will comment on Government amendment No. 53 which is a technical correction. It is necessary to ensure that numbering of inserted sections is correct and has no impact on the substance of the Bill....

Seanad: Planning and Development (Strategic Infrastructure) Bill 2006: Report and Final Stages. (16 May 2006)

Dick Roche: These amendments delete the words "for permission" from the phrase "applicant for permission". In this case the phrase is clearer with the words "for permission" in it. I stated previously that I did not believe this achieved the objective Senator Bannon was trying to achieve, which was to make things a little shorter and more concise. There is no added value and some tiny ambiguity is...

Seanad: Planning and Development (Strategic Infrastructure) Bill 2006: Report and Final Stages. (16 May 2006)

Dick Roche: The amendment proposes to insert the phrase "where applicable" in the paragraph permitting the board to indicate that it considered granting permission subject to the applicant for permission submitting revised drawings, with the addition of the phrase "where applicable". This is unnecessary because the section states that the board has an absolute discretion as to when it can fulfil the...

Seanad: Planning and Development (Strategic Infrastructure) Bill 2006: Report and Final Stages. (16 May 2006)

Dick Roche: Amendments Nos. 18, 20, 23 and 24, propose to delete the words "or for the purposes of an activity for which", from section 5 and would reinstate a similar phrase later on. This phrase, "comprising or for the purposes of an activity" is used throughout the Planning and Development Act 2000, the Environmental Protection Act and the Waste Management Act. It is a common phrase which seems to be...

Seanad: Planning and Development (Strategic Infrastructure) Bill 2006: Report and Final Stages. (16 May 2006)

Dick Roche: Senator Brady is correct. I explained on Committee Stage that this amendment is unnecessary. The amendment proposes to prevent the board making a decision on an application, where there is a live request to the Environmental Protection Agency to make observations on an application which, "comprises or is for the purposes of" an IPPC or waste-licensable activity. I do not propose to accept the...

Seanad: Planning and Development (Strategic Infrastructure) Bill 2006: Report and Final Stages. (16 May 2006)

Dick Roche: On Committee Stage in response to an Opposition amendment submitted by Senator McCarthy and supported by Senator Bannon, I said I would consider amending the Bill to specify that the board shall consider the planning authority's report to it and take into account any recommendations by the elected members. It was always the intention that this would be the case. As I said in my Second Stage...

Seanad: Planning and Development (Strategic Infrastructure) Bill 2006: Report and Final Stages. (16 May 2006)

Dick Roche: Throughout my responses on Committee Stage and today, I repeated that the Government must rely on the advice of the Parliamentary Counsel on the correct and accurate expression of our intentions in this legislation. It has been on this basis that I have refused to accept most of the textual amendments put forward. However, I indicated that I had sympathy with this amendment when it was tabled...

Seanad: Planning and Development (Strategic Infrastructure) Bill 2006: Report and Final Stages. (16 May 2006)

Dick Roche: I thank Senators Bannon and Cummins. These amendments relate to the new power being given to the board allowing it to attach community gain conditions to a draft permission, a matter on which we had a long discussion earlier. The amendments would delete the subsection (8) that provides for the community gain condition to be proportionate; the subsection states that the financial contribution...

Seanad: Planning and Development (Strategic Infrastructure) Bill 2006: Report and Final Stages. (16 May 2006)

Dick Roche: I said earlier, on Committee Stage, that I very much shared Senator Bannon's ambition that decisions should be made as quickly as possible. The Senator is quite right. We are talking about strategic infrastructure, which is an enormous gain for the community as a whole. It is therefore important we make decisions quickly, certainly more speedily than at present. In my constituency there is a...

Seanad: Planning and Development (Strategic Infrastructure) Bill 2006: Report and Final Stages. (16 May 2006)

Dick Roche: I fully appreciate the points the Senator is making. I have voiced my feelings at the inappropriate use of the planning process simply to delay projects. He mentioned the southern bypass at Longford. As the Senator knows, I visited the town recently, and the frustration there is very real. One can discern there is a major impact on the quality of life on coming though the town, where one has...

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