Results 2,101-2,120 of 6,904 for speaker:Cian O'Callaghan

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Cian O'Callaghan: I am sorry. I am not saying it. I am saying it is what is in the 2000 Act.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Cian O'Callaghan: The rationale does not stack up in light of the 2000 Act. The Minister of State is telling us that this provision means earlier engagement with the Oireachtas but I do not see how it does.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Cian O'Callaghan: First, I wish to follow up on what I was saying on amendment No. 171 because I had not concluded on it. The Minister of State compared section 21(4) of this Bill with section 20C(8) of the amended 2000 Act to try to make the case that it meant earlier engagement. However, the relevant section to have compared section 21(4) with is section 20C(9). I will simply read it. Section 21(4) of...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Cian O'Callaghan: The Minister of State is saying the national planning statements are not law but are policy. I ask him to expand on that. If the Bill is passed with this wording, would it be lawful to disregard or ignore the national planning statements? What status do they have? Do they have the same status as law, whereby it would be illegal to disregard them, or is it lawful to disregard them? I ask...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Cian O'Callaghan: I would appreciate answers on the two questions I asked. Will it be lawful to disregard or ignore national planning statements, if the Bill passes with its current wording? Are national planning statements secondary legislation? The Minister of State made the case that they are not secondary legislation. I ask him to expand on that. Has he received any advice on national planning...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Cian O'Callaghan: The Deputy can get an answer to this.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Cian O'Callaghan: I will follow.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Cian O'Callaghan: Are national planning statements a form of secondary legislation?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Cian O'Callaghan: I think the Minister of State has made that clear. As for not having Oireachtas approval, he stated he has advice on this and the advice says it is all fine, but was there any advice on whether this would be stronger and more robust if there were Oireachtas approval in that area?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Cian O'Callaghan: That is clear. I thank the Minister of State.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Cian O'Callaghan: Amendment No. 189 relates to national planning statement revocations. If passed, it means they will be subject to Oireachtas committee scrutiny. The importance of having a role for the Oireachtas committee in democratic oversight would strengthen this and make it much better. I think there is a strong case for that.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Cian O'Callaghan: I thought for a moment that when the Minister of State said he was taking the same view, he was about to accept my amendment.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Cian O'Callaghan: I understand that. Given the significance of national planning statements, which we have gone through, having a role for the Oireachtas joint committee in the scrutiny makes sense. The national planning statements, as has been referenced, cover a huge number of areas. It is a inexhaustive list. Planning and development covers important issues such as the pattern, layout and form of...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Cian O'Callaghan: The Minister of State is saying that it is the Government's view that it makes policy. This amendment would not stop there being a key role for the Government and it would just be to put in a role for the joint committee in terms of scrutiny. The Government would still be drafting policy and by virtue of its numbers, it would normally be able to get that policy approved. However, this...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Cian O'Callaghan: On amendment No. 526 and that very point, it is a significant power relating to the urgent direction requiring chief executive to vary development plan. There are reasons why this power may be needed. For it to be done by the Minister without Oireachtas involvement, however, would effectively involve the Minister overriding the democratic decision of local government. The European...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Cian O'Callaghan: I will not take up the same amount of time as the other proposer of this amendment, but I do want to have just a little bit of time to comment on it. The report of the Mahon tribunal states: "the Tribunal is concerned at the extent of the Minister’s powers in the planning system as a whole". As Deputy Ó Broin outlined, the recommendations of the tribunal in this respect are not...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Cian O'Callaghan: Section 20C of the Planning and Development Act 2000 states: (8) The Government shall submit the draft of the revised or new National Planning Framework together with the Environmental Report and Appropriate Assessment Report for the approval of each House of the Oireachtas before it is published. (9) In preparing or revising the National Planning Framework, the Government shall have...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Cian O'Callaghan: I do not think I have had a chance to speak to amendment No. 526, and it is my amendment. I appreciate that the Chair wishes to finish this part of the debate, but it is my amendment.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Cian O'Callaghan: Subsection (3) refers to a class of infrastructure or other development. Is this urgent direction that the Minister can issue in these circumstances both to potentially prevent a certain type of development from taking place and also to ensure a certain type of development does take place? Could the Minister issue a direction to vary a development plan to build a motorway because that has...