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Planning and Development (Amendment) Bill [Seanad] 2009: Report and Final Stages (1 Jul 2010)

Phil Hogan: Is that illegal?

Planning and Development (Amendment) Bill [Seanad] 2009: Report and Final Stages (1 Jul 2010)

Phil Hogan: To clarify the issue for the Minister of State, the core strategy process which he is inserting into plans involves dictation from top to bottom in regard to what can happen in local areas. His Department is seeking to take unto itself the power to approve all local area development plans, regional authority guidelines and national policy. The Department does not issue many circulars on job...

Planning and Development (Amendment) Bill [Seanad] 2009: Report and Final Stages (1 Jul 2010)

Phil Hogan: That is the core strategy. The Bill is illegal because it seeks to create a framework for planning decisions on the basis of a national spatial strategy that has not been subject to a strategic environmental assessment or an appropriate evaluation, as required under two EU directives.

Planning and Development (Amendment) Bill [Seanad] 2009: Report and Final Stages (1 Jul 2010)

Phil Hogan: The irony is that the Department and the Minister of State will strenuously insist on every plan based on the NSS complying with these directives. This is grossly illegal. The Bill seeks to enforce settlement targets under this core strategy. It treats personal decisions about where people want to live, work and rear their families as if they are boxes on a shelf that can be rearranged at...

Planning and Development (Amendment) Bill [Seanad] 2009: Report and Final Stages (1 Jul 2010)

Phil Hogan: I will deal with that issue.

Planning and Development (Amendment) Bill [Seanad] 2009: Report and Final Stages (1 Jul 2010)

Phil Hogan: I move amendment No. 1: In page 6, between lines 1 and 2, to insert the following: 3.—The Minister shall, within 3 months of this Act being passed by both Houses of the Oireachtas, report to the Dáil on the outcome of any cases involving Ireland in the European Court of Justice rulings, any EU Directives or any other matter which affects Irish planning law.". Following recent decisions of...

Planning and Development (Amendment) Bill [Seanad] 2009: Report and Final Stages (1 Jul 2010)

Phil Hogan: The Minister of State does not need to worry about this side of the House.

Planning and Development (Amendment) Bill [Seanad] 2009: Report and Final Stages (1 Jul 2010)

Phil Hogan: Arising from the Minister's reply, I seek to give certainty to the information flow between the European Court of Justice and the European Parliament and the Houses of the Oireachtas. People in the Houses of the Oireachtas are often very busy and certain matters may not come to their attention. When they are brought to their attention they can have them investigated through parliamentary...

Planning and Development (Amendment) Bill [Seanad] 2009: Report and Final Stages (1 Jul 2010)

Phil Hogan: Will the Minister of State consider introducing regulations to that effect or another process or procedure?

Planning and Development (Amendment) Bill [Seanad] 2009: Report and Final Stages (1 Jul 2010)

Phil Hogan: What are the implications of these? More than one amendment is being discussed.

Planning and Development (Amendment) Bill [Seanad] 2009: Report and Final Stages (1 Jul 2010)

Phil Hogan: I move amendment No. 3: In page 8, to delete lines 38 to 40. I will ask the Minister of State to comment on this as perhaps he will agree to it.

Planning and Development (Amendment) Bill [Seanad] 2009: Report and Final Stages (1 Jul 2010)

Phil Hogan: I am disappointed the Minister of State has found it difficult to understand my difficulties with the core strategy that will compel plans for every region. That is at the heart of the Bill. Every region, county, city, town and village will be compelled to demonstrate it conforms with targets set by the national spatial strategy. We know the national spatial strategy process is flawed. It...

Order of Business. (1 Jul 2010)

Phil Hogan: I raise with the Tánaiste the standards in public office requirements for officeholders. Is it appropriate that the Minister for the Environment, Heritage and Local Government should adjudicate on a foreshore licence for a project in Dublin when he holds a contrary view and policy on the matter under adjudication?

Order of Business. (1 Jul 2010)

Phil Hogan: Will the Minister or Tánaiste introduce further legislation to ensure Ministers understand their obligations under the Cabinet handbook and know what is the law of the land regarding their duties and responsibilities?

Order of Business. (1 Jul 2010)

Phil Hogan: Will the Tánaiste indicate whether it is appropriate or otherwise for the Minister for the Environment, Heritage and Local Government to adjudicate under law-----

Order of Business. (1 Jul 2010)

Phil Hogan: This is a legal matter.

Order of Business. (1 Jul 2010)

Phil Hogan: It is not out of order, it is a legal matter.

Order of Business. (1 Jul 2010)

Phil Hogan: I am seeking to find out if the Tánaiste is satisfied----

Order of Business. (1 Jul 2010)

Phil Hogan: -----that her ministerial colleague is within the law in dealing with an application for a foreshore licence in an area in which he has a vested interest.

Order of Business. (1 Jul 2010)

Phil Hogan: I am asking the Tánaiste if it is appropriate that a Minister should be in a position to adjudicate on a matter in which he has a conflict of interest.

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