Results 6,301-6,320 of 26,666 for speaker:Darragh O'Brien

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Darragh O'Brien: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Darragh O'Brien: By anyone else.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Darragh O'Brien: I will have to look into this aspect in more detail. I want to get the Deputies a proper explanation of it. We dealt with the planning enforcement piece with the enforcement authority and are all clear on that. However, this is referring to a declaration itself outside of that. For any other individual who is actually taking a case, the declaration itself could not be used solely as evidence.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Darragh O'Brien: I genuinely will have to check that. I think the Deputy is right. We started off incorrectly on section 11. What we were discussing in respect of the section 10 changes do not impact it. From the initial reading I thought they might, but they do not.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Darragh O'Brien: I refer in particular to section 11(2). I will get a note on that. It is one of the famous notes to which Deputy Ó Broin referred yesterday. I want to get clarification on it because I do not want to lead the Deputy down the wrong path on it. We can get a note from the Office of the Attorney General. I will get that because I think it is important. As I want to understand that...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Darragh O'Brien: Nine. It was eight plus one. That is nine.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Darragh O'Brien: It would be the person. It would be the original person who sought the declaration. We will clear that one up.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Darragh O'Brien: On the second point that Deputy Ó Broin made, this is set aside in section 11(1)(a)(i), where the person knowingly provided false information. The relevant declaration would be conclusive evidence unless it was proved to be false, in which case it would not be deemed to be conclusive evidence. We will include that in the note. We will get a detailed note from the Office of the...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Darragh O'Brien: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Darragh O'Brien: It would be capable of being submitted as evidence. This section relates to a relevant declaration and states that it "shall be conclusive evidence". Obviously, it is the first party in that instance. Should there be changes to what we have discussed already with regard to the third-party piece, we will have to look at that. The Deputy raises a fair point. Let us say that we resolve and...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Darragh O'Brien: First, you would be able to submit that as evidence. It is a copy of the same declaration. So the Deputy is saying a third party would have the declaration - effectively the decision of the local authority, which would be published - and they would submit that to the court. They can do that but it would be up to the court to adjudicate.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Darragh O'Brien: The Deputy is asking me what would be the position if this was implemented exactly as is on a stand-alone basis. That is not going to be the case because we have already said that we are looking at the third parties and third-party interaction on these applications as well.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Darragh O'Brien: I understand the point the Deputy is making. We will have to look at this in more detail but, as I understand it, as it is currently, a third party cannot use it to bring proceedings. If this were passed as is, there is the first party - the owner, effectively. We are saying we are looking at changes for the third party and how they would flow through into this. The Deputy's scenario is...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Darragh O'Brien: To be helpful, we are going to see if we can get the note. There was a detailed note on this as part of the discussions. We will get that and bring it as soon as we can.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (22 Feb 2024)

Darragh O'Brien: It is possible.

Written Answers — Department of Housing, Planning, and Local Government: Departmental Functions (21 Feb 2024)

Darragh O'Brien: The role of my Department in the National Agricultural Inspection Programme has been to: Establish the programme under the 5thNitrates Action Programme and give the Environmental Protection Agency (EPA) oversight of the programme,Sit on the EPA-chaired National Agricultural Inspection Programme (NAIP) Working Group to ensure that all relevant current and emerging policy matters are...

Written Answers — Department of Housing, Planning, and Local Government: Septic Tanks (21 Feb 2024)

Darragh O'Brien: My Department does not compile the information requested. The Water Services Act 2007 (as amended) requires the Environmental Protection Agency (EPA) to produce a national inspection plan for domestic waste water treatment systems, also known as septic tanks. The EPA report on the implementation of the plan and publishes information on inspections and enforcement on an annual basis. The...

Written Answers — Department of Housing, Planning, and Local Government: Local Authorities (21 Feb 2024)

Darragh O'Brien: I propose to take Questions Nos. 99 and 100 together. Local authority income from commercial rates and from the provision of goods and services are published annually by local authorities in their Annual Financial Statements (AFS). Each local authority is required to prepare an AFS by the end of March following the year end and to publish it by the end of June. The information is...

Written Answers — Department of Housing, Planning, and Local Government: Regional Assemblies (21 Feb 2024)

Darragh O'Brien: The chief executive of the local authority in question is currently fulfilling the role of designated chief executive for the Eastern and Midland Regional Assembly (EMRA). This is an unpaid, largely advisory role to the regional assembly. The roles of designated chief executive for the three regional assemblies were initially filled in 2014 at the direction of the then Minister for...