Results 1,441-1,460 of 4,716 for speaker:Malcolm Noonan

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Feb 2024)

Malcolm Noonan: Improper or immoral is not the meaning behind this provision in the Bill. The wording is "necessary or expedient". Section 4(2) states, "Regulations under this Act ... may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient". Expedient in this sense means quicker, where it is required. It does not mean those...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Feb 2024)

Malcolm Noonan: I respectfully disagree with both Deputies on this matter. As I outlined previously, this is normal language to use in legislation. The wording is used on the advice of the Office of the Parliamentary Counsel. As a result, I cannot accept these amendments.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Feb 2024)

Malcolm Noonan: Amendment Nos. 38 and 39 propose to add two new subsections to section 4 to provide that the Minister shall establish a list of prescribed bodies which include organisations engaged in either environmental protection, protection of built heritage, archaeological, historic or cultural heritage that will be consulted with when making regulations. The amendments also propose that there should...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Feb 2024)

Malcolm Noonan: There are a couple of things. I absolutely accept the points made by both Deputies. Compliance around Aarhus is important in planning, generally. Going through the strategic environmental assessment, SEA, process, as I mentioned, public consultation does take place. Also, under our orders and regulations section, the Minister shall, before making regulations, consult with State...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Feb 2024)

Malcolm Noonan: Yes. I appreciate the points made by Deputies Ó Broin and O'Callaghan about regulations of a more technical nature benefiting from input. I give a commitment on this once the Bill is enacted.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Feb 2024)

Malcolm Noonan: Yes. Generally, the Bill is drafted to ensure full compliance with the Aarhus Convention. I have also given a commitment regarding the regulations.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Feb 2024)

Malcolm Noonan: Amendment No. 40 seeks to replace section 4(4), which relates to regulations requiring positive approval to include references to regulations or orders under Part 9, judicial review, requiring positive approval before they can be made. It also provides that all regulations requiring positive approval shall have a debate of no less than one hour in each House. With regard to including...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Feb 2024)

Malcolm Noonan: Exempted development is still required to be before the Oireachtas. As I said, the timing of debates is a matter for the scheduling of the Dáil. As I have said previously, the Bill states that every order and regulation "shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or regulation is passed by either such...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Feb 2024)

Malcolm Noonan: No.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Feb 2024)

Malcolm Noonan: Amendment No. 42 proposes to delete section 4(6), which restates section 269 of the 2000 Act - they are almost identical - and is a standard technical provision to enable the Minister make regulations to remove any difficulty in the operation of any section of the Bill, within three years of the commencement of the Bill. For the benefit of Deputy O'Callaghan, it has never been used, so I...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Feb 2024)

Malcolm Noonan: It would be treated the same as any other regulations, and regulations under this Act "may contain such incidental, supplementary and consequential provisions as appear", and as we stated, and, "Regulations are proposed to be made under subsection (1) of section 9 or subsection (2) of section 412, a draft of the regulations shall be laid before each House of the Oireachtas and the regulations...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Feb 2024)

Malcolm Noonan: There is a difference between the provision in this Bill and in the Act of 2000. This Bill provides that "no regulation shall be made under this section in relation to any provision of this Act after the expiration of 3 years commencing on the day on which the provision comes into operation". That is not in the Act of 2000. Again, by way of assurance and as I stated, any changes that would...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Feb 2024)

Malcolm Noonan: Yes, it is the same.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Feb 2024)

Malcolm Noonan: Only certain ones would.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Feb 2024)

Malcolm Noonan: The Deputy will appreciate that this provision is here specifically to deal with the eventuality of a technical or drafting issue that requires correction or a transitional difficulty.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Feb 2024)

Malcolm Noonan: This is on the advice of the OPC. As I said, any changes made to the legislation through regulations would have to be regularised through amendment.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Feb 2024)

Malcolm Noonan: It does not say it.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Feb 2024)

Malcolm Noonan: It states that "no regulations shall be made under this section in relation to any provision of this Act after the expiration of 3 years commencing on the day on which the provision comes into operation."

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (20 Feb 2024)

Malcolm Noonan: Again, it states that the Minister "may, by regulations, do anything which appears to him or her to be necessary or expedient for removing that difficulty, for bringing that provision into operation or for securing or facilitating its operation, and any such regulations may modify any provision of this Act in so far as may be necessary or expedient for carrying such provision into effect for...