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Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Cian O'Callaghan: Yes, it will. In that context, it would be useful to have the position clarified.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Cian O'Callaghan: To follow up that point, these amendments make absolute sense. The proposers have put forward a good case. These are not controversial amendments. The Minister of State has basically not stated any rationale against them. He seems, effectively, to accept the amendments, while not actually accepting them. I am at a loss as to why they are not being agreed to now, seeing as no case is...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Cian O'Callaghan: I agree this is an absolutely key amendment. I was actually quite shocked that the Bill talks about adaptation only and does not talk about mitigation. The idea that we would only be trying to adapt but would not actually be trying to stop, mitigate or reduce harmful emissions of greenhouse gases is shocking. Going to the root source of the problem should be a key objective in terms of...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Cian O'Callaghan: I do not understand the response. I am not a Government Deputy but is it not the case that the Government is strongly supportive of measures to mitigate climate change and not just measures to adapt to it? Does that not run through Government policy and the programme for Government? Should it not run through this Bill? Is that not the case?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Cian O'Callaghan: What else is there to consider? It is absolutely fundamental, in terms of climate change, that we are not just doing adaptation measures but are doing mitigation measures as well. It is absolutely fundamental. There is no debate to be had on this. There is no debate to be had between Opposition Deputies and a Minister of State from the Green Party on this. I assume we are on the same...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Cian O'Callaghan: It is better to be explicit in legislation. This is my view.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Cian O'Callaghan: I have similar concerns about how the term "maritime area" is used in some parts of the Bill and "maritime site" elsewhere. For example, in amendment No. 32, "maritime site" is used rather than "maritime area". There seems to be an inconsistency in approach. Will the Minister of State clarify why "maritime area" is used in some areas of the Bill while "maritime site" is used in others?...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Cian O'Callaghan: The wording in the Bill reads " "development” means ... the carrying out of works ... on, in, over or under land, or ... in the maritime area". On exemptions, the Bill reads, " “unauthorised development” means, in relation to land [which is pretty much the same wording, although not as long] or a maritime site". In one part of the Bill that references development, it...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Cian O'Callaghan: What if there is unauthorised development in a maritime area and it is not considered a maritime site?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Cian O'Callaghan: Does it definitely? The Bill covers development everywhere, but when it references unauthorised development in maritime places, it only references maritime sites. Why should it not be maritime area? Why not that broader wording? Are we absolutely clear that unauthorised development, by virtue of being a development, means that it is a site and is, therefore, covered? Why not just use the...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Cian O'Callaghan: Why the inconsistency? Why not just use maritime area? Why use it in one place in the Bill and, when it comes to unauthorised development, narrower language is used that could be open to different interpretation, litigation, court cases and everything else?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Cian O'Callaghan: Land is just land. It is not a development site on land; it is all just land.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Cian O'Callaghan: I can understand the point that is being put forward. However, if we used clearer language in the Bill, it would simply be "maritime area". It would have that consistency. There is no rationale as to why that language would be used for development and different language would be used for unauthorised development. Even if there is just a small chance of opening up any possibility of...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Cian O'Callaghan: I am concerned that under amendment No. 33, there are several references to "maritime site". On page 31, there are definitions of "maritime site" and "maritime area". It is very clear that unauthorised use of a maritime site is only part of the maritime area, so why would the legislation seek to limit this? Why would we open up the possibility of someone saying "you are saying this is an...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Cian O'Callaghan: On the grouping or on the amendment?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Cian O'Callaghan: Please explain what it means to get rid of these provisions.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Cian O'Callaghan: So for an emergency development the State does not have to do a public notice. Is that the implication of this deletion?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Cian O'Callaghan: My recollection is that the rationale for the original text of sections 152 and 154 is because these are emergency provisions and these are your safeguard procedures. While the State has the power and ability to do that then it is a safeguard that it would notify the local authority. That would mean then the local authority is aware of what is happening and it obviously then has a function...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Cian O'Callaghan: Then there are circumstances in some countries, jurisdictions or areas where everything comes under state security and there could be a clampdown on democratic norms and stuff that come under state security, saying, "We have to build this wall because of state security. We have to separate people living in this jurisdiction by building this infrastructure" and we cite state security. That...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (13 Feb 2024)

Cian O'Callaghan: I move amendment No. 8: In page 28, between lines 2 and 3, to insert the following: “ “competent in the Irish language” means spoken competency at level B2 at least of Teastas Eorpach na Gaeilge;”. The amendment relates to a definition and makes sense with respect to the other amendments I have tabled regarding the Irish language. It will insert a...

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