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

Eoin Ó Broin: Perfect.

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

Eoin Ó Broin: On the final two, I ask the Minister of State to talk me through this. There were two groups. Obviously, there are the amendments relating to An Bord Pleanála. They run from amendment No. 1112 onwards. I ask the Minister of State to go into more detail on the general provisions and explain why-----

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

Eoin Ó Broin: The first cluster on An Bord Pleanála is from amendment No. 1109 to No. 1120 or No. 1121, inclusive.

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

Eoin Ó Broin: I ask him to go through those amendments in more detail. With respect to the general provision amendments, namely, amendments Nos. 1178 to 1183, I ask him to provide the rationale as to why general provisions are needed. It is obvious that a significant amount of time has been taken to have specific transitional mechanisms for specific things. What is the purpose of the general provisions?...

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

Eoin Ó Broin: It always worries me when somebody says that.

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

Eoin Ó Broin: I presume that is with respect to the statutory timelines, for example.

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

Eoin Ó Broin: That would be the primary change. Is it the only change?

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

Eoin Ó Broin: I presume the first case scenario also applies to the proposed ministerial Report Stage amendments that may make changes to the appeals process.

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

Eoin Ó Broin: No. The Minister indicated to us by way of letter and at the start of the meeting that he intends to bring forward amendments that may deal with issues relating to inappropriate-----

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

Eoin Ó Broin: -----abuse of planning and the appeal process.

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

Eoin Ó Broin: I have an observation to make on this and then a final question on the general provisions. In the course of the consideration of the Bill, committee members were written to by Fórsa trade union. I know these are matters between the trade union, its workers and the employer, and I am not seeking for the committee to get involved in those matters. As a general observation, however, on...

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

Eoin Ó Broin: Absolutely.

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

Eoin Ó Broin: Turning to my final question, given that there are very specific transitional procedures for a large array of areas of activity, what is the purpose of the general provisions? Is it in case something was missed or is it just to have a general catch-all? Are there issues on which the Minister of State's officials are advising him that may benefit from these general provisions? I am not...

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

Eoin Ó Broin: Many of the statutory instruments could be indefinite in nature, and their transitional nature could be such that they will just continue until such time as somebody decides to cease them. They are less likely to be time bound in the way that some of the other transitional mechanisms are. It is just a matter for the Government.

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

Eoin Ó Broin: That applies in a general way to all statutory instruments, other than the large body of regulations the Minister of State's team are working on, which will have to start moving their way through the system on enactment.

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

Eoin Ó Broin: I thank the Minister of State.

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

Eoin Ó Broin: Yes, it is a supplementary point. The Bill as drafted outlines a clear procedure for either rescinding or replacing a section 28 mandatory ministerial guideline. The challenge with amendment No. 188 is that any guidelines under section 52 of the 2000 Act - I presume there is a list of the guidelines issued thereunder - will continue in force until the “first issuing of a National...

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

Eoin Ó Broin: By way of being helpful, it seems to me that the amendment needs some clarification that the national planning policy statement should be a relevant national policy statement as per section 24 of the Bill. A little bit of drafting would make it clear.

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

Eoin Ó Broin: We will have a row about them tomorrow. Do not worry. We will get into that in the other amendments.

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

Eoin Ó Broin: I just need 30 seconds, with the Chair's indulgence.

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