Results 2,661-2,680 of 4,718 for speaker:Malcolm Noonan

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

Malcolm Noonan: I thank Senators for their contributions. That is the case, as Senator Cummins said. On section 6 and the matter of satisfactory experience, while Senator Higgins called it "a general soup" of expertise, it is quite specific in that it provides for the range of expertise that will be needed on the board. Regardless of that being there or not, we have to be mindful, and the Senator...

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

Malcolm Noonan: I very much recognise the spirit of these amendments relating to the robustness and transparency of the appointment process. I take Senator Cummins's point about the accountability of the Minister. He is correct that it is about trying to ensure there is predictability in timelines and that we deal with backlogs. Decision-making certainly must be robust but there also must be a process...

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

Malcolm Noonan: I will speak to the amendments. I do not accept amendment No. 9. This provision is necessary to ensure that ordinary board members can be urgently appointed, on a temporary basis, where the number of applications, appeals, referrals or other matters with which the board is concerned is at such a level so as to require the appointment of additional members. Amendment No. 10 is not being...

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

Malcolm Noonan: I will respond to specifically to the issue of the civil servants. It is certainly the case in our National Monuments Service and National Parks and Wildlife Service that the civil servants are scientists, entomologists, botanists and archaeologists. Throughout the Civil Service, there are professional, relevant skills. Under section 6, the Minister shall ensure, in so far as is...

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

Malcolm Noonan: In regard to amendment No.14, this amendment is not accepted as the basis for adding this officeholder is not apparent in terms of the relevance of their role.

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

Malcolm Noonan: I welcome the young people to the very packed Public Gallery. I cannot accept amendment No. 18. The legislation is clear that the public service position of interim chairperson will be open to all existing public and civil servants. It is appropriate that this position can be filled, as a matter of urgency, by a person who has been previously suitably vetted by the civil and publish...

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

Malcolm Noonan: The Senator used the term "opportunistic". There is certainly nothing opportunistic about this Bill. It is important to stress that this is about ensuring that there is robustness and transparency in our planning system. I will not be accepting the amendment. While it is not envisaged that this provision will be utilised, it is appropriate to provide for the reappointment of an interim...

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

Malcolm Noonan: I disagree fundamentally with the Senator's use of the term "opportunistic". That is certainly not the case and I reiterate that this is about building greater transparency and robustness in our planning system. We are responding to the concerns and this is about restoring confidence and about transparency and accountability. I refer to section 6 on skills, competency and suitability. I...

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

Malcolm Noonan: Amendments Nos. 21 and 22 are not accepted as the Government has decided to end the outdated closed system of nominating bodies deciding who to put forward for board appointments and is instead putting in place an open competitive process by which any member of the public can apply to become a member of the board of An Bord Pleanála. Section 6 refers to knowledge of community and social...

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

Malcolm Noonan: Before I specifically speak to the amendments, I would point out that there is already a committee system in place for the recruitment of a chairperson of An Bord Pleanála through an open and competitive process. The Bill provides that the Minister "shall establish a suitable, independent, objective and transparent procedure (which may include the establishment of a committee)", which...

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

Malcolm Noonan: Again, my response to amendment No. 30 is the same as for amendment No. 29. Amendment No. 31 is not accepted because the text in the Bill is appropriate, providing that the Minister shall establish a "suitable, independent, objective and transparent procedure (which may include the establishment of a committee) in accordance with which recommendations may be made to the Minister in relation...

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

Malcolm Noonan: I will finish responding to the amendments, if I may. My response to amendment No. 34 is the same as that for amendment No. 29. I am not accepting amendment No. 35 because subsections (6) to (8) are no longer relevant following the replacement of the nominating panel process under section 106(4). Amendment No. 36 has been withdrawn. Amendments No. 37 is not accepted as it is appropriate...

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

Malcolm Noonan: There are options here in respect of the committee. The committee would be similar to committee systems that already exist for the recruitment of the chair of An Bord Pleanála. There is a Public Appointments Service, PAS, competition or a hybrid of both that involves a PAS process or a committee. We are satisfied that in respect of the Minister establishing a suitable, independent,...

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

Malcolm Noonan: I assume Senator Higgins is withdrawing amendment No. 42.

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

Malcolm Noonan: I will reply to all the amendments, if that is okay. I do not accept amendment No. 41. The Bill removes the provision that currently allows the board to determine, by resolution, that a quorum for a meeting of the board for particular case types should be two. Action 14 of action plan for An Bord Pleanála recommends that the board should operate with a minimum quorum of three and that...

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

Malcolm Noonan: It is with regard to certain categories. It is in relation to strategic housing developments.

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

Malcolm Noonan: I do not propose to accept amendment No. 43. The provision it seeks to amend is necessary to ensure temporary ordinary board members can be urgently appointed from former or current public and civil servants 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 to...

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

Malcolm Noonan: These amendments are not accepted as it is considered that section 10 of the Bill makes sufficient provision for the chairperson to act on a complaint or otherwise and, in particular, gives the Minister sufficient powers to intervene, where appropriate, to require the chairperson to report to the Minister on the result of an interview or investigation. The existing provisions under the Act...

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

Malcolm Noonan: I fully accept that the thrust of the amendments is to improve the legislation. I also agree that this legislation is not about making matters slightly better but about really improving the robustness, transparency and quality of the decision-making of An Bord Pleanála. That is what we are setting out to achieve. I go back to the point about environmental experts or environmental law...

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

Malcolm Noonan: The requirements in relation to the code of conduct are already contained in Part 7 of the Act. The board is currently revising its code of conduct. An Bord Pleanála board members are also required to make annual declarations under Part 7. In addition, board members are required to make separate ethics in public office declarations.It is the responsibility of individual board members...