Results 4,261-4,280 of 4,726 for speaker:Malcolm Noonan
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)
Malcolm Noonan: As I said, that process is under way and this will emerge from the public consultation as well.
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)
Malcolm Noonan: Yes.
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)
Malcolm Noonan: No.
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)
Malcolm Noonan: It has to follow the principles of Aarhus. It does not matter what government is in place. It must obviously follow the Bill when it is enacted as well. There will not be an inconsistency regardless of what government is in place. It has to follow the principles of Aarhus and that is what this Bill sets out to achieve and what the regulations will achieve once they go through their process.
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)
Malcolm Noonan: We do not have to use that specific language to give effect to what the State is required to do under Aarhus. We have to do give effect to it but we do not have to use the specific language in the Bill.
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)
Malcolm Noonan: Every state will draft its own legislation to give effect to Aarhus. Obviously, it can be tested if the legislation is not Aarhus compliant. Therefore, the Government is confident that it is and that the text, as drafted, will give effect to the State’s requirements under Aarhus.
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)
Malcolm Noonan: I want to support that. Section 266 deals with the regulation of cost payable in respect of prescribed matters. In section 266(3) on page 451 states: Before making regulations under subsection (2), the Minister for the Environment, Climate and Communications shall have regard to— (a) the need to ensure that proceedings to which this Chapter applies can be taken by...
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)
Malcolm Noonan: Is that okay?
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)
Malcolm Noonan: We do have the language. I do apologise.
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)
Malcolm Noonan: No, it should not. We have had that imbalance in the planning system for many years in terms of communities against a big project but certainly this is not the case here. The critical thing here is to create a level playing field to ensure that an NGO can participate in the system, be it a case against the State, and that it can do that in a way that is equitable. That is what this is...
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)
Malcolm Noonan: If you lose under a no-foal, no-fee arrangement, you must pay the costs under the current Act. The Bill before us has a cost mechanism. In many cases, lawyers are going after winnable cases. The Bill will assist in the taking of cases that may be marginal. This could help to improve our environmental system, which is the important part.
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)
Malcolm Noonan: No, what I am saying is that-----
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)
Malcolm Noonan: But it provides an opportunity for-----
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)
Malcolm Noonan: -----in terms of being confident of being supported. This is what the Aarhus Convention is directing the State to do.
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)
Malcolm Noonan: Really, this is about putting a structure in place that is fair and equitable for everyone. It proposes a much fairer system than one that would operate on a no-foal, no-fee basis. It would provide a level playing field for the taking of cases with merit on environmental grounds and in terms of the State's requirements under the Aarhus Convention.
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)
Malcolm Noonan: I will respond on that point before Deputy Ó Broin contributes. I have read out section 265(3)(a). Section 266(3)(b) refers to "the need for equitable and orderly access to the courts for all persons to be ensured in accordance with law" before the Minister makes the regulations. Section 266(3)(c) refers to "the need to ensure that court and judicial resources are utilised for the...
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)
Malcolm Noonan: I will read the note. First, amendment No. 979 is consequential on amendments Nos. 954 to 956, inclusive. It attempts to retrofit some provisions regarding costs and timeframes without the necessary legal framework or consideration that underpins the Government’s own position, as reflected in Part 9, as initiated. I will therefore be opposing that. The cost provisions will deal...
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)
Malcolm Noonan: Yes.
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)
Malcolm Noonan: I move amendment No. 957: In page 441, between lines 9 and 10, to insert the following: “ “Part 9 judicial review” shall be construed in accordance with section 251;”.
- Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)
Malcolm Noonan: I move amendment No. 958: In page 441, line 11, to delete “(within the meaning of section 251)”.