Results 1,421-1,440 of 25,975 for speaker:Kieran O'Donnell

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Kieran O'Donnell: The Department, in preparing this, will go through the normal way and it will be looked at legally by the Office of the Attorney General. Once again, the Government takes the view that policy is set by the Government. We are looking to strengthen, and provide more consistency in, the application of policy statements that issue from the Government or policy outlines, which is why we have put...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Kieran O'Donnell: We take the same view. Policy is set by the Government. We have discussed this principle at length and the same principle applies here.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Kieran O'Donnell: I was being consistent with my view on previous amendments.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Kieran O'Donnell: Material consistency.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Kieran O'Donnell: In response to Deputy Ó Broin, fundamentally, we are consistent in our approach whereby it is the Government that sets policy. Under section 24(2), there is nothing to stop a Minister, whomever that may be, from consulting with whatever public bodies he or she considers appropriate. There is nothing to stop a Minister from coming to an Oireachtas committee. To deal with Deputy Ó...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Kieran O'Donnell: We believe that policy decision should lie with the Government. Deputy Ó Broin referred to the Mahon tribunal. Under section 65, the Minister is required to consult with the Office of the Planning Regulator. The latter has a very precise role; it very much operates independently. It is there to ensure that plans all meet in line with the national planning framework, various national...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Kieran O'Donnell: In section 65, the Minister obviously has to get the approval of the Government. However, the Minister has to consult with the Office of the Planning Regulator. The setting up of the regulator was a key recommendation of the Mahon tribunal.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Kieran O'Donnell: Once again, the Government takes the view that this process is robust. It only applies in urgent situations. It has the approval of the Cabinet. Before issuing the recommendation, not after, the Minister shall consult with the Office of the Planning Regulator. We believe it is robust.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Kieran O'Donnell: From what the Deputy read out, Mahon recommended that the decision lie with the Planning Regulator. We are consulting with the Planning Regulator. We take the view that we, as the sovereign Government of the State, make decisions on policy. We can beg to differ on it-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Kieran O'Donnell: -----but as part of the process, there are two elements, namely, Government or Cabinet approval and, before any direction is issued, that the Minister consulting the Planning Regulator, which is fit and proper.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Kieran O'Donnell: On a point of principle, we believe the Government sets policy and that the Minister, whoever that is, issues the direction. However, the Minister does to having got approval from the Cabinet. Furthermore, they consult with the Office of the Planning Regulator, which is independent in its role. This is a measure that includes many checks and balances. The Deputy specifically mentioned...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Kieran O'Donnell: We have taken the recommendations.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Kieran O'Donnell: We are not talking about enforcement here. We are talking about a direction from a Minister with the approval of the Government and having consulted with the Office of the Planning Regulator.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Kieran O'Donnell: No, no, it is not-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Kieran O'Donnell: We do not see this as an enforcement measure. There are enforcement measures in planning, but we do see this in that context. To give clarity: This section is a new provision that empowers the Minister, with the approval of the Government, to issue an urgent direction to the chief executive of a planning authority to amend the development plan within a specified period for the purpose of...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Kieran O'Donnell: That is something we will have to consider. We have a building control section in the Department. It is something that-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Kieran O'Donnell: We will come back with a Report Stage amendment on that.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Kieran O'Donnell: Under section 65(3), we are looking at this in the positive, not in the negative. It is about things happening, not preventing things. I am not familiar with the circumstances of the situation in Cork so it would not be appropriate for me to comment. The prison is under State security. Deputy Gould made the point. I am not going to comment on something I am not familiar with. This...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Kieran O'Donnell: The import of section 65 is that it states: (a) an event or situation with significant national, regional or strategic implications has occurred or is likely to occur, (b) it is necessary for the Government to take action as a matter of urgency for the purpose of dealing with the implications or likely implications of the event or situation concerned Reading through it, on the point of...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Kieran O'Donnell: We will not meet on that. That is the final point.