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Seanad: Planning and Development and Foreshore (Amendment) Bill 2022: Committee and Remaining Stages (8 Dec 2022)

Alice-Mary Higgins: I thank the Cathaoirleach for that. I will also note that it would be appropriate if the Minister of State would be clear in terms of his language because although that it is not currently in the Bill, we have heard it said on the record five times today. In fact, I did not raise the issue on the first few occasions. However, now, having raised it, I do not believe that it should be...

Seanad: Planning and Development and Foreshore (Amendment) Bill 2022: Committee and Remaining Stages (8 Dec 2022)

Alice-Mary Higgins: I move amendment No. 31: "In page 7, lines 35 and 36, to delete “(which may include the establishment of a committee)” and substitute “(which shall include the establishment of an independent committee to oversee such procedure)”."

Seanad: Planning and Development and Foreshore (Amendment) Bill 2022: Committee and Remaining Stages (8 Dec 2022)

Alice-Mary Higgins: I move amendment No. 32: "In page 8, between lines 3 and 4, to insert the following: “(d) by the insertion of the following subsection after subsection (3): “(3A) Regulations made under subsection (3) shall require the approval by motion of both Houses of the Oireachtas.”."

Seanad: Planning and Development and Foreshore (Amendment) Bill 2022: Committee and Remaining Stages (8 Dec 2022)

Alice-Mary Higgins: I move amendment No. 34: "In page 8, to delete lines 6 and 7 and substitute the following: “(a) applications be sought, through open public invitation, for appointment as an ordinary member of the Board,”."

Seanad: Planning and Development and Foreshore (Amendment) Bill 2022: Committee and Remaining Stages (8 Dec 2022)

Alice-Mary Higgins: I move amendment No. 35: In page 8, to delete line 24

Seanad: Planning and Development and Foreshore (Amendment) Bill 2022: Committee and Remaining Stages (8 Dec 2022)

Alice-Mary Higgins: I move amendment No. 36: In page 8, line 24, to delete “subsections (6) to (8)” and substitute “subsection (6)”.

Seanad: Planning and Development and Foreshore (Amendment) Bill 2022: Committee and Remaining Stages (8 Dec 2022)

Alice-Mary Higgins: I move amendment No. 38: In page 8, to delete lines 25 to 27.

Seanad: Planning and Development and Foreshore (Amendment) Bill 2022: Committee and Remaining Stages (8 Dec 2022)

Alice-Mary Higgins: I move amendment No. 39: In page 8, line 27, to delete “expedient” and substitute “necessary”.

Seanad: Planning and Development and Foreshore (Amendment) Bill 2022: Committee and Remaining Stages (8 Dec 2022)

Alice-Mary Higgins: I move amendment No. 41: In page 9, to delete line 5. This amendment seeks to delete subsection 9(b), which proposes to delete subsections (1A) to (1D), inclusive, of section 108 of the 2000 Act. I give notice that I may withdraw this amendment in favour of my amendments Nos. 47 and 48, which are more tightly framed and address the same fundamental concern around local government...

Seanad: Planning and Development and Foreshore (Amendment) Bill 2022: Committee and Remaining Stages (8 Dec 2022)

Alice-Mary Higgins: I will withdraw amendment No. 41. I may withdraw amendment No. 42 depending on the reply.

Seanad: Planning and Development and Foreshore (Amendment) Bill 2022: Committee and Remaining Stages (8 Dec 2022)

Alice-Mary Higgins: To clarify, I am withdrawing amendment No. 41. I will press amendment No. 42, however, which does, in fact, agree with the removal of the possibility of a quorum of two. Amendment No. 42 removes subsections (1A), (1B), and (1D) but does not remove section (1C), which requires a higher quorum in respect of changes or proposals that materially contravene it. To be very clear, I am pressing...

Seanad: Planning and Development and Foreshore (Amendment) Bill 2022: Committee and Remaining Stages (8 Dec 2022)

Alice-Mary Higgins: I asked the Minister of State for a response in respect of an issue.

Seanad: Planning and Development and Foreshore (Amendment) Bill 2022: Committee and Remaining Stages (8 Dec 2022)

Alice-Mary Higgins: I raised a number of other categories as well. I thank the Minister of State for that response, however. I will look at that and the other legislation.

Seanad: Planning and Development and Foreshore (Amendment) Bill 2022: Committee and Remaining Stages (8 Dec 2022)

Alice-Mary Higgins: I will withdraw amendment No. 41.

Seanad: Planning and Development and Foreshore (Amendment) Bill 2022: Committee and Remaining Stages (8 Dec 2022)

Alice-Mary Higgins: I move amendment No. 42: In page 9, line 5, to delete “subsections (1A) to (1D)” and substitute “subsections (1A), (1B) and (1D)”.

Seanad: Planning and Development and Foreshore (Amendment) Bill 2022: Committee and Remaining Stages (8 Dec 2022)

Alice-Mary Higgins: I move amendment No. 43: In page 9, to delete lines 6 to 17. This seeks the deletion of the proposed new subsection (4) of section 108, which currently provides that where, owing to the illness of the chairperson or of an ordinary member, or for any other reason, a sufficient number of members of the board is not available to enable the board effectively to perform its functions, the...

Seanad: Planning and Development and Foreshore (Amendment) Bill 2022: Committee and Remaining Stages (8 Dec 2022)

Alice-Mary Higgins: I move amendment No. 46: In page 9, between lines 17 and 18, to insert the following: "(d) in subsection (4) by the insertion of the following paragraph after paragraph (a): "(aa) Notwithstanding paragraph (a), an individual who is or within the preceding 1 year was employed by the Department of Housing, Local Government and Heritage shall not be eligible for appointment under...

Seanad: Planning and Development and Foreshore (Amendment) Bill 2022: Committee and Remaining Stages (8 Dec 2022)

Alice-Mary Higgins: I move amendment No. 47: In page 9, between lines 17 and 18, to insert the following: "(d) by the insertion of the following subsection after subsection (4): "(4A) Notwithstanding any provision of this section, a quorum shall be 5 where the decision before the Board concerns any of the following: (a) large-scale residential developments; (b) development that would materially...

Seanad: Planning and Development and Foreshore (Amendment) Bill 2022: Committee and Remaining Stages (8 Dec 2022)

Alice-Mary Higgins: I move amendment No. 48: In page 9, between lines 17 and 18, to insert the following: "(d) by the insertion of the following subsection after subsection (4): "(4A) Notwithstanding any provision of this section, a quorum shall be 5 where the decision before the Board concerns a development that would materially contravene the relevant development plan.".".

Seanad: Planning and Development and Foreshore (Amendment) Bill 2022: Committee and Remaining Stages (8 Dec 2022)

Alice-Mary Higgins: I want to indicate my very strong support for these amendments. In a Bill that gives such an incredible amount of discretion to the Minister, it is regrettable that it also gives absolute discretion to the chair in regard to addressing issues of concern. Again, this comes in the context where we have to acknowledge there is a crisis of public confidence in An Bord Pleanála, a crisis...

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