Results 4,901-4,920 of 7,200 for speaker:Cian O'Callaghan

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Cian O'Callaghan: There was no explanation from the Minister as to why section 11(2)-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Cian O'Callaghan: That it was written and we might be able to get it quickly because it is already written. I am just saying that it is not a very satisfactory situation because the Minister was unable to explain why section 11(2) is in the Bill. He provided no rationale for it and gave no explanation. We are now taking a vote on something without any rationale being given about it.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Cian O'Callaghan: He committed to making that note available, absolutely. I am just saying it is not satisfactory that we are taking a vote on something and no rationale has been provided for why section 11(2) is in the Bill. I will leave it at that.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Cian O'Callaghan: It was going to provide some information as to why the Bill states that "a relevant declaration shall not be admissible in evidence in any proceedings relating to the act." The Minister was not able to explain that.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Cian O'Callaghan: It was going to cover more than that, but it was going to cover-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Cian O'Callaghan: Yes, it was, but it was going to cover this as well.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Cian O'Callaghan: All of section 11.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Cian O'Callaghan: Would it be appropriate then to wait because we will have the note in the morning? It means that if there are any issues arising from it, we will be able to ask questions and discuss it.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Cian O'Callaghan: I absolutely might be willing to withdraw the amendment.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Cian O'Callaghan: That is fine. That is plenty of time.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Cian O'Callaghan: A section 10 declaration is presumably the local authority carrying out its functions as a planning authority whereas this section seems to be prohibiting what it can do as an enforcement authority. What is the rationale for narrowing down what it can do as an enforcement authority based on what it has done as a planning authority in a section 10 declaration? It has a slightly different set...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Cian O'Callaghan: I appreciate that, if it was broader. There could be relevant information that comes to light about what has been in the section 10 declaration that has been made which the enforcement authority did not know about at the time. This ties its hands. Why is the Government seeking to do that? If the Minister of State does not have an answer and there is not a clear rationale for that, I will...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Cian O'Callaghan: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Cian O'Callaghan: The Bill states the relevant declaration shall be conclusive evidence. Therefore, new information could come to light but the authority cannot use it because the section 10 declaration is conclusive evidence.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Cian O'Callaghan: It seems to be closed unless it was because information was withheld or the first party provided false information. I am simply making the case that this does not involve all information. The Minister of State said information would come from the first party but there are scenarios where not all information would come from the first party, even if third parties are excluded from the...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Cian O'Callaghan: I appreciate that. Did the legal advice from the Attorney General include a view on the scenario I raised?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Cian O'Callaghan: I am not satisfied with that response about section 11. It is positive that this will be looked at but we have no information about what the outcome will be.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Cian O'Callaghan: I wish to raise a quick point. I will not prolong matters. We raised a lot of these issues a year ago in our pre-legislative scrutiny, and a year later they are still not addressed and we are being told they are going to be looked at and sorted out in the next few months. I do not have a lot of confidence they are going to be looked at given that 12 months ago we flagged all of this in...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Cian O'Callaghan: We do not know what they look like.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (27 Feb 2024)

Cian O'Callaghan: I support these amendments. These phone boxes are being turned into what are primarily advertising structures, though maybe with some phone function there. It is hard to know in this day and age how that phone function is being used by anyone. One certainly never sees them in use given the proliferation of mobile phones and other forms of communication. It seems to be a form of bogus...