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Joint Oireachtas Committee on Housing, Planning and Local Government: Local and European Elections 2024 and Subsequent General Election: Discussion (28 Nov 2023)

Eoin Ó Broin: I will cut across Mr. O'Leary because I have only a minute left and I am keen to get an update on what is happening with the European Commission.

Joint Oireachtas Committee on Housing, Planning and Local Government: Local and European Elections 2024 and Subsequent General Election: Discussion (28 Nov 2023)

Eoin Ó Broin: I apologise for cutting across Mr. Ryan but time is running out. Will we need amending legislation on foot of the engagement with the Commission for these two sections of the Electoral Reform Act? I presume the answer is "Yes".

Joint Oireachtas Committee on Housing, Planning and Local Government: Local and European Elections 2024 and Subsequent General Election: Discussion (28 Nov 2023)

Eoin Ó Broin: Is there a timeline for this?

Joint Oireachtas Committee on Housing, Planning and Local Government: Local and European Elections 2024 and Subsequent General Election: Discussion (28 Nov 2023)

Eoin Ó Broin: Yes but I mean specifically. There was limited discussion on the detail of those two Parts of the Bill. The difficulty is that very little work can happen until the outstanding issues between the Irish Government and the Commission with respect to those two Parts can be resolved and the legislation amended, if required. What does "as soon as possible" look like? Will it be in time, for...

Joint Oireachtas Committee on Housing, Planning and Local Government: Local and European Elections 2024 and Subsequent General Election: Discussion (28 Nov 2023)

Eoin Ó Broin: Does that mean two sets of amendments might be needed? One would arise from the concern the Commission had with the original Bill as presented to us. The other would relate to any other or separate matters that arise out of the directive.

Joint Oireachtas Committee on Housing, Planning and Local Government: Local and European Elections 2024 and Subsequent General Election: Discussion (28 Nov 2023)

Eoin Ó Broin: That would be one set of amendments to deal with both sets of issues.

Joint Oireachtas Committee on Housing, Planning and Local Government: Local and European Elections 2024 and Subsequent General Election: Discussion (28 Nov 2023)

Eoin Ó Broin: We all have different experiences in the electoral contests in which we participate. I must say I have never experienced any of the challenges Senator Fitzpatrick has raised. I am not in any way suggesting her experience is not valid. I would hate for there to be a suggestion that there is a widespread problem with the competence and ability of people in polling stations. I have fought a...

Joint Oireachtas Committee on Housing, Planning and Local Government: Local and European Elections 2024 and Subsequent General Election: Discussion (28 Nov 2023)

Eoin Ó Broin: If we were having a conversation say about short-term letting, those issues would very much be live because the latter is a commercial activity and the EU has very specific competence in areas of that nature, which is why we have the e-commerce directive. The European Union has no competence in the context of how we manage and run our electoral system. Again, I am aware Mr. Ryan cannot tell...

Joint Oireachtas Committee on Housing, Planning and Local Government: Local and European Elections 2024 and Subsequent General Election: Discussion (28 Nov 2023)

Eoin Ó Broin: And that was legal advice the Department sought and received.

Joint Oireachtas Committee on Housing, Planning and Local Government: Local and European Elections 2024 and Subsequent General Election: Discussion (28 Nov 2023)

Eoin Ó Broin: We know that the Commission will argue for whatever it wants to do. We also know that it has a long history of mission creep. Is the Irish Government satisfied that that proposition is legally appropriate?

Joint Oireachtas Committee on Housing, Planning and Local Government: Local and European Elections 2024 and Subsequent General Election: Discussion (28 Nov 2023)

Eoin Ó Broin: Was that advice from the Office of the Attorney General or was it independent legal advice?

Joint Oireachtas Committee on Housing, Planning and Local Government: Local and European Elections 2024 and Subsequent General Election: Discussion (28 Nov 2023)

Eoin Ó Broin: This regulation may not have the same level of applicability during an election period as outside one depending on how primary responsibility for the competence of election regulation is ceded. The only reason I am raising this matter is because it will become increasingly important for the Electoral Commission as well.

Joint Oireachtas Committee on Housing, Planning and Local Government: Local and European Elections 2024 and Subsequent General Election: Discussion (28 Nov 2023)

Eoin Ó Broin: I suppose my question was whether subsequent legal advice was sought by the Department post the recent opinion on those related matters.

Joint Oireachtas Committee on Housing, Planning and Local Government: Local and European Elections 2024 and Subsequent General Election: Discussion (28 Nov 2023)

Eoin Ó Broin: That sounds like a very diplomatic answer. Not a "Yes" and not a "No".

Joint Oireachtas Committee on Housing, Planning and Local Government: Local and European Elections 2024 and Subsequent General Election: Discussion (28 Nov 2023)

Eoin Ó Broin: Did it seek legal advice on the specific legal questions about which I am asking?

Joint Oireachtas Committee on Housing, Planning and Local Government: Local and European Elections 2024 and Subsequent General Election: Discussion (28 Nov 2023)

Eoin Ó Broin: I thank Mr. Ryan.

Joint Oireachtas Committee on Housing, Planning and Local Government: Local and European Elections 2024 and Subsequent General Election: Discussion (28 Nov 2023)

Eoin Ó Broin: How could we forget?

Joint Oireachtas Committee on Housing, Planning and Local Government: Local and European Elections 2024 and Subsequent General Election: Discussion (28 Nov 2023)

Eoin Ó Broin: Do not forget the Údarás na Gaeltachta elections next year.

Joint Oireachtas Committee on Housing, Planning and Local Government: Local and European Elections 2024 and Subsequent General Election: Discussion (28 Nov 2023)

Eoin Ó Broin: That is the most diplomatic use of the word "perhaps" that the committee has heard in quite some time.

Written Answers — Department of An Taoiseach: Tax Code (28 Nov 2023)

Eoin Ó Broin: 75. To ask the Taoiseach whether the Central Statistics Office considers tax incentives for vehicles that are directly operated by fossil fuels under the Sustainable Energy Authority of Ireland-administered triple E programme to be a fossil fuel subsidy. [51661/23]

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