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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) (22 Feb 2024)

Cian O'Callaghan: I move amendment No. 96: In page 50, to delete lines 19 to 25 and substitute the following: “(c) Where the Commission makes a decision it shall, as soon as possible and not later than 5 working days thereafter, cause the relevant documents to— (i) be published on its internet website, and (ii) be made available for inspection free of charge and purchase by...

Written Answers — Department of Education and Skills: Special Educational Needs (21 Feb 2024)

Cian O'Callaghan: 89. To ask the Minister for Education and Skills if she will examine a case (details supplied); and if she will make a statement on the matter. [8328/24]

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. 171 on the national planning framework, subsequent to Deputy Ó Broin's comments, I would like to know why the Government, in terms of this planning Bill, is not accepting in full the recommendations of the Mahon tribunal. Why is it departing from them? Is it a Government decision to depart from the recommendations of the Mahon tribunal? Until this point it was my...

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

Cian O'Callaghan: Section 20C(8) states: 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.

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

Cian O'Callaghan: Yes, and this has now been dropped from this Bill.

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

Cian O'Callaghan: That was my question as well. I am seeking to know the rationale for this change. When we compare the 2000 Act to this Bill, what is the exact rationale for taking away the role of the Oireachtas as outlined in the 2000 Act and changing it in the Bill? What has given rise to this decision? We have had a very extensive process with the Mahon tribunal in terms of its recommendations. It...

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

Cian O'Callaghan: We have asked for the rationale a few times. The Minister of State has now given it. The rationale is to bring in the Oireachtas at an earlier stage. However, section 20C of the 2000 Act states: 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...

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

Cian O'Callaghan: Section 21(4), which the Minister of State just quoted. Under the 2000 Act, the Oireachtas is involved earlier than what is proposed in section 21(4) here, which is later. The Minister of State's rationale for these changes is that they will bring the Oireachtas in earlier but, if you compare the 2000 legislation with this Bill, it is clear that the Oireachtas will be brought in later under...

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

Cian O'Callaghan: Will the Minister of State please explain to us how it is earlier when, in fact, the 2000 legislation provides for earlier involvement and this Bill provides for involvement at a later stage and in a reduced role?

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.

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