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Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Cian O'Callaghan: -----starts. Is it legally fine that the development plan is not accessible as Gaeilge to a section of the population that-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Cian O'Callaghan: On what basis is that?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Cian O'Callaghan: Under the languages Act-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Cian O'Callaghan: -----that is allowed for.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Cian O'Callaghan: Does the Minister of State feel the additional three months will, overall, address concerns that will be raised by planners? Is that his view?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Cian O'Callaghan: I may come back on this on Report Stage.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Cian O'Callaghan: I move amendment No. 451: In page 119, to delete lines 16 and 17 and substitute the following: “(vi) (I) where the functional area to which the development plan relates includes a Limistéar Pleanála Teanga Gaeltachta or a Baile Seirbhíse Gaeltachta within the Gaeltacht, Roinn na Gaeltachta and Údarás na Gaeltachta, (II) where the functional area to which...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Cian O'Callaghan: The Minister of State has said that the definition clearly covers all of the cases I raised.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Cian O'Callaghan: That means administrators, liquidators, receivers and financial institutions that have the deeds are all covered.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Cian O'Callaghan: I am sorry, but "required to be covered" gives me no assurance at all. "Required to be covered" is simply the Minister of State's interpretation of who is required to be covered. Are the different categories I raised, including offshore entities, covered under the definition?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Cian O'Callaghan: It is not required for offshore entities that own a protected structure to be covered under the legislation. Is that the position?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Cian O'Callaghan: I also raised the issue of legal disputes. How are legal disputes over ownership involving different parties to be covered under the existing wording of the legislation?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Cian O'Callaghan: Yes, but when it is under legal dispute as to who that is, where is the responsibility-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Cian O'Callaghan: If two different parties have a dispute over who has the right to occupy the protected structure, who has the responsibility for maintaining that protected structure? Are both parties required to claim that right?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Cian O'Callaghan: Yes, but what if that is in dispute? Can the Minister of State also say how this section of the Bill protects against a situation where an administrator, liquidator or receiver claims not to have any financial resources to protect the building or protected structure, as well as not to have the resources to put in security, to protect against theft and vandalism, or to carry out the repairs...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Cian O'Callaghan: The Minister of State said in his opening response that what is proposed in these amendments is too broad. However, I specifically raised the issue of offshore owners who cannot be contacted. The wording is: ...shall include the following: (a) legal representative, professional, or management firms or individuals managing or responsible for the property registered in an offshore...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Cian O'Callaghan: That is only the case if the agent is entitled to receive rent. If the agent is acting on behalf of another person but not entitled to receive rent, they are not covered.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Cian O'Callaghan: Okay.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Cian O'Callaghan: Deputy Matthews has amendments Nos. 982, 984 and 985 in this grouping. I invite him to speak to those.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (26 Mar 2024)

Cian O'Callaghan: The Deputy's amendments Nos. 988 to 991, inclusive, are also grouped.

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