Results 1,941-1,960 of 2,815 for speaker:Tony Killeen

Foreshore and Dumping at Sea (Amendment) Bill 2009 [Seanad]: Second Stage (3 Dec 2009)

Tony Killeen: Deputy Barrett made the point that the 1933 Act could not have foreseen many of these matters. I also made that point. We have provision approved for between 1,100 and 1,700 megawatts, with less than 2% built. We need to look very carefully at the reasons. Deputy Barrett is right about one of the reasons being interconnectivity but there are others. At some point it might be useful for...

Foreshore and Dumping at Sea (Amendment) Bill 2009 [Seanad]: Second Stage (3 Dec 2009)

Tony Killeen: Now. Agreed to take remaining Stages today.

Foreshore and Dumping at Sea (Amendment) Bill 2009 [Seanad]: Committee and Remaining Stages (3 Dec 2009)

Tony Killeen: That is the case. It is likely to be extended at some point, but it includes the amount-----

Foreshore and Dumping at Sea (Amendment) Bill 2009 [Seanad]: Committee and Remaining Stages (3 Dec 2009)

Tony Killeen: The Deputies have made four different points, one of which is relevant to the amendment. The question of abolishing and setting up the Marine Institute was discussed on Second Stage and I set out the reasons and history regarding this country and other countries. Deputy Barrett mentioned his committee's proposals previously, which refer to another Department. Regarding the research trials,...

Foreshore and Dumping at Sea (Amendment) Bill 2009 [Seanad]: Committee and Remaining Stages (3 Dec 2009)

Tony Killeen: The philosophy underpinning this legislation is that there is a relationship between spatial planning on land and on sea and for that reason the Department of the Environment, Heritage and Local Government is the appropriate one for dealing with these issues. The sea fisheries responsibilities will remain with the Department that has food and agriculture responsibilities. I agree with a...

Foreshore and Dumping at Sea (Amendment) Bill 2009 [Seanad]: Committee and Remaining Stages (3 Dec 2009)

Tony Killeen: I understand the term referred to by Deputy Higgins is a parliamentary drafting term. As far as I can see he is referring to page 9 of the Bill, which refers to "foreshore which for the time being belongs to the State, including foreshore so belonging whether by virtue of Article 10.2 of the Constitution or otherwise." It must be pointed out that as a general principle, foreshore licences...

Foreshore and Dumping at Sea (Amendment) Bill 2009 [Seanad]: Committee and Remaining Stages (3 Dec 2009)

Tony Killeen: Deputy Higgins has raised an interesting point which was also raised by a number of Deputies on Second Stage. There are two functions in the area of foreshore licensing; one is ownership and the other is use, which is analogous to planning. There have been historical ownership issues, some of which are claimed to be extant. The important thing about this legislation is that there is no...

Foreshore and Dumping at Sea (Amendment) Bill 2009 [Seanad]: Committee and Remaining Stages (3 Dec 2009)

Tony Killeen: I understand there may be some interesting case law in this area.

Foreshore and Dumping at Sea (Amendment) Bill 2009 [Seanad]: Committee and Remaining Stages (3 Dec 2009)

Tony Killeen: I am sure the Department will consider this closely. I strongly agree with the principle enunciated by the Deputy.

Foreshore and Dumping at Sea (Amendment) Bill 2009 [Seanad]: Committee and Remaining Stages (3 Dec 2009)

Tony Killeen: The intent of this section is to ensure co-ordination between the two Departments involved after the transfer of functions, which is vital for the efficient and effective operation of the Foreshore Acts. There is already routine initiation of consultation with other authorities in certain cases and I have no doubt that will continue. In any event, there is an obligation on each of the...

Foreshore and Dumping at Sea (Amendment) Bill 2009 [Seanad]: Committee and Remaining Stages (3 Dec 2009)

Tony Killeen: It is already provided for. We must avoid duplication because that would raise questions about non-duplication in other instances.

Foreshore and Dumping at Sea (Amendment) Bill 2009 [Seanad]: Committee and Remaining Stages (3 Dec 2009)

Tony Killeen: I understand the principle which Deputy Ferris is trying to establish and have included in the legislation, but it will not surprise him that I disagree with much of the remainder of what he said. The consultation requirements for foreshore consent applications are set out in sections 19 and 19A of the Foreshore Acts together with the European Communities Foreshore Regulations 2009. Public...

Foreshore and Dumping at Sea (Amendment) Bill 2009 [Seanad]: Committee and Remaining Stages (3 Dec 2009)

Tony Killeen: As I stated, the intent of Deputy Ferris's amendment is perfectly clear and is already more than adequately provided for in the legislation and in the convention. There is no merit in duplication in this instance. In fact, it creates all kinds of dangers. I cannot accept the amendment.

Foreshore and Dumping at Sea (Amendment) Bill 2009 [Seanad]: Committee and Remaining Stages (3 Dec 2009)

Tony Killeen: The legislation with which we are dealing gives both Ministers - the Minister for the Environment, Heritage and Local Government following consultation with the Minister for Agriculture, Fisheries and Food - power to make regulations specifying the bodies which are to submit their observations to either Minister on foreshore applications. I understand the intention of the Minister for the...

Foreshore and Dumping at Sea (Amendment) Bill 2009 [Seanad]: Committee and Remaining Stages (3 Dec 2009)

Tony Killeen: As Members will be aware, as a general principle a decision which is relevant to a particular site, individual grant, etc., is generally, under local authority law, a matter for the county manager, whereas the reserved functions of a council in general terms relate to policy making, the adoption of county development plans, etc. As someone who for a long time served as a member of a local...

Foreshore and Dumping at Sea (Amendment) Bill 2009 [Seanad]: Committee and Remaining Stages (3 Dec 2009)

Tony Killeen: Deputy Higgins is undoubtedly right that it is possible to dispose of all of us who are elected public representatives.

Foreshore and Dumping at Sea (Amendment) Bill 2009 [Seanad]: Committee and Remaining Stages (3 Dec 2009)

Tony Killeen: Unfortunately, decisions which are made by people often have an impact that lives on long past their political careers or even beyond their lifespan.

Foreshore and Dumping at Sea (Amendment) Bill 2009 [Seanad]: Committee and Remaining Stages (3 Dec 2009)

Tony Killeen: Let me make it clear that I am not defending anybody on either side of the divide. However, there is a long-established principle in local government law and planning law that there is a division between the reserve function performed by elected members and functions performed by the management. In this instance, the particular matter we are dealing with falls into the area normally dealt...

Departmental Agencies. (3 Dec 2009)

Tony Killeen: I will be brief so that we can move on to the Committee Stage debate. Some of the issues that have been raised by Deputies can be dealt with in the context of the Committee Stage amendments. Deputy Creed and many others suggested that the Bill represents a missed opportunity. It is important to explain that a number of options were considered as part of the modernisation of foreshore...

Departmental Agencies. (3 Dec 2009)

Tony Killeen: It is difficult to predict.