Results 1,461-1,480 of 4,726 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: 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...

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

Malcolm Noonan: Just to move this forward, we could look adding that the regulations require positive approval, by way of assurance to the Deputies.

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

Malcolm Noonan: Yes. It is an operational matter.

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

Malcolm Noonan: I will offer last comments on these amendments. I agree with both Deputies regarding the IPI. It is a hugely valuable contributor to our planning system. It is highly regarded and respected by Government. There has been significant engagement with the IPI. There have been quite a number of meetings with officials, so the IPI was very much an active participant in the process of...

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

Malcolm Noonan: Yes.

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

Malcolm Noonan: It is the same, in terms of the regulations. Section 4(5) provides that "...every regulation (other than a regulation referred to in subsection (4)) of the Minister under this Act 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 House within the next 21 days on which that House...

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

Malcolm Noonan: As I said, this provision is here specifically as a precautionary measure. It has not been used to date but it is in other Bills and other legislation, including the Local Government Act.

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

Malcolm Noonan: By way of responding, we can take OPC advice on legislation to regularise any regulations, if that is of any assurance to the Deputies.

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

Malcolm Noonan: Amendment No. 44 provides that the Minister shall lay a report before the Oireachtas and the committee on the regulations required for the Act and a detailed commencement plan for the Act. I cannot accept this amendment as it would not be appropriate to have such a provision within legislation. However, I am happy to keep the committee informed on work being undertaken to repair and update...

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

Malcolm Noonan: On the first question, it is a well-made point on multiple regulations overlapping, particularly in relation to An Coimisiún Pleanála. The Department established the planning regulations review working group to review and prepare the secondary legislation. The timelines are ambitious and may change according to the demands. The Department is working with An Bord Pleanála to...