Results 1,321-1,340 of 7,082 for speaker:John Paul Phelan

Select Committee on Housing, Planning and Local Government: Local Government Bill 2018: Committee Stage (Resumed) (6 Dec 2018)

John Paul Phelan: I will try to be as quick as I can. Many fairly specific questions have been asked. I took all the notes last night. It was only when Deputy Ó Broin was going through his issues that I used a highlighter to highlight them. On the time issue, it is intended, as it has been all along, that these structures will come into place when the new councils are elected. With the best will in...

Select Committee on Housing, Planning and Local Government: Local Government Bill 2018: Committee Stage (Resumed) (6 Dec 2018)

John Paul Phelan: The members of the committee will come proportionately from the two local electoral areas in question. It will not be up to the ruling groups on the council as a whole. It will be up to the local councillors who are elected in those areas. If these committees are to mean anything, they cannot have members from 40 miles away who do not represent the areas in question.

Select Committee on Housing, Planning and Local Government: Local Government Bill 2018: Committee Stage (Resumed) (6 Dec 2018)

John Paul Phelan: Equally, I have no problem accepting the amendments that were alluded to by Deputy Ó Cuív and others that would involve extending the backgrounds from which some of these outside people might come. My understanding of the legislation is that it proposes that the two cathaoirligh, along with the chair of the group, will be responsible for choosing the outside people, of whom there...

Select Committee on Housing, Planning and Local Government: Local Government Bill 2018: Committee Stage (Resumed) (6 Dec 2018)

John Paul Phelan: I will answer that. One of the amendments - I cannot remember which one - refers to the contiguous areas beside these urban areas. It will be a matter for each group to decide whether rural areas should be included. We are giving them the freedom to make that choice. It may be the case that a one-size-fits-all approach would not work. It might apply in Bray and it might not apply in...

Select Committee on Housing, Planning and Local Government: Local Government Bill 2018: Committee Stage (Resumed) (6 Dec 2018)

John Paul Phelan: The Deputy was not involved, but lots of my own were. It is a well flagged and genuine attempt to do something new to deal with the intractable boundaries problem. Let me give the final explanation as to how we arrived at this measure. Essentially, what we are asking is that the smaller local authority give up its power to produce a local area plan. In the case of Drogheda which was...

Select Committee on Housing, Planning and Local Government: Local Government Bill 2018: Committee Stage (Resumed) (6 Dec 2018)

John Paul Phelan: I will try to answer the questions raised, many of which were asked by several members. Deputy Casey and others expressed regret that the amendments had been tabled late in the day. I am not criticising the committee, but they all flow from a report adopted by the Government six months ago which was sent to the committee. I have always said there should be two committees in this area....

Select Committee on Housing, Planning and Local Government: Local Government Bill 2018: Committee Stage (5 Dec 2018)

John Paul Phelan: I move amendment No. 1: In page 6, to delete lines 11 to 16 and substitute the following: " "deposited map” means the map— (a) deposited on behalf of the Minister at the offices of the Department of Housing, Planning and Local Government situated at the Custom House in the city of Dublin, on 25 July 2018 for the purpose of the Cork boundary alteration, (b) described as...

Select Committee on Housing, Planning and Local Government: Local Government Bill 2018: Committee Stage (5 Dec 2018)

John Paul Phelan: I will answer the last question first. Section 13 (7) and (8) are still retained. They are not being deleted. The numbering may be different because of what we are inserting but they are not being taken out.

Select Committee on Housing, Planning and Local Government: Local Government Bill 2018: Committee Stage (5 Dec 2018)

John Paul Phelan: No, they are not being replaced. In response to the question from Deputy Ó Laoghaire, what we are talking about is the transfer of staff from the county council to the city council. Originally, most of the emphasis was placed on the county council being the authority that was giving up staff and the city council was going to examine its staffing requirements to deal with the transfer...

Select Committee on Housing, Planning and Local Government: Local Government Bill 2018: Committee Stage (5 Dec 2018)

John Paul Phelan: It does.

Select Committee on Housing, Planning and Local Government: Local Government Bill 2018: Committee Stage (5 Dec 2018)

John Paul Phelan: I move amendment No. 2: In page 6, line 17, to delete “section 17” and substitute “section 23”.

Select Committee on Housing, Planning and Local Government: Local Government Bill 2018: Committee Stage (5 Dec 2018)

John Paul Phelan: I move amendment No. 3: In page 6, between lines 26 and 27, to insert the following: “ “staff transfer plan” has the meaning assigned to it by section 13;”

Select Committee on Housing, Planning and Local Government: Local Government Bill 2018: Committee Stage (5 Dec 2018)

John Paul Phelan: I move amendment No. 4: In page 8, to delete lines 1 to 4 and substitute the following: “(2) The Minister may give the chief executive of the city council or the chief executive of the county council such directions, in relation to— (a) the performance of his or her functions under, or for the purposes of, this Act, the implementation of the Cork boundary alteration, as...

Select Committee on Housing, Planning and Local Government: Local Government Bill 2018: Committee Stage (5 Dec 2018)

John Paul Phelan: I move amendment No. 5: In page 8, to delete lines 33 and 34, and in page 9, to delete lines 1 to 5 and substitute the following: “9. (1) On the transfer day and subject to sections 10and 11, all lands situated in the relevant area that, immediately before the transfer day, were vested in the county council and all rights, powers and privileges relating to or connected with such...

Select Committee on Housing, Planning and Local Government: Local Government Bill 2018: Committee Stage (5 Dec 2018)

John Paul Phelan: What we are allowing for in pretty much all of the transfers is that if the two councils reach agreement that for some reason an asset might transfer but the liability would not, that can be done under the legislation. Generally, provisions are such that if assets are transferring, liabilities are moving too. I think there is an amendment to that effect, possibly in the Deputy's name, in...

Select Committee on Housing, Planning and Local Government: Local Government Bill 2018: Committee Stage (5 Dec 2018)

John Paul Phelan: On indemnification against an unexpected liability, the Department cannot produce a blank cheque for any local authority. There are provisions that if a claim is submitted after the transfer day by a person who, say, had a fall before the date on land owned by the county council, the claim will be made against the city council. It also means the city council will substitute for the county...

Select Committee on Housing, Planning and Local Government: Local Government Bill 2018: Committee Stage (5 Dec 2018)

John Paul Phelan: Yes. The transfer area is what we are calling it. Some people are calling it the grey area.

Select Committee on Housing, Planning and Local Government: Local Government Bill 2018: Committee Stage (5 Dec 2018)

John Paul Phelan: I move amendment No. 6: In page 9, lines 15 and 16, to delete all words from and including “day” in line 15 down to and including line 16 and substitute “day and in relation to such land, be performable by or on behalf of the city council only.”.

Select Committee on Housing, Planning and Local Government: Local Government Bill 2018: Committee Stage (5 Dec 2018)

John Paul Phelan: I move amendment No. 7: In page 9, to delete lines 17 to 29.

Select Committee on Housing, Planning and Local Government: Local Government Bill 2018: Committee Stage (5 Dec 2018)

John Paul Phelan: I move amendment No. 8: In page 9, between lines 29 and 30, to insert the following: “Delayed transfer of land 10. (1) The city council and the county council may, before the transfer day, make an agreement providing for the continued vesting, for such period commencing on the transfer day as may be specified in the agreement, in the county council of any land situated in the...