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

Malcolm Noonan: You cannot just use Irish as an exemption. Does that answer the question?

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

Malcolm Noonan: Yes, language as an exemption.

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

Malcolm Noonan: I apologise. You cannot deal with the matter purely on the basis of language, be it positive or negative. I hope that answers the question.

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

Malcolm Noonan: The following amendments relate to section 9 of the Bill regarding exempted development. I will be moving amendment No. 50, which is a minor amendment to a reference in section 9. Currently, the Bill refers to making exemptions for development that would, but for the repeal of subsection (1) of section 4 of the Act of 2000, be exempted development within the meaning of that Act. Limiting...

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

Malcolm Noonan: If is okay I will address amendments Nos. 36 and 37. Deputy Ó Broin has asked that I deal with these two specifically because of the term. It is normal language. It is in the 2000 Act. Amendment No. 36 seeks to remove the reference to "expedient" in section 4(2). The subsection provides that regulations under the Act may contain such incidental, supplementary and consequential...

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

Malcolm Noonan: Section 4(5), which deals with orders and regulations, states: Every order (other than an order under subsection (2)of section 1) of the Minister and 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...

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

Malcolm Noonan: I will try and get that. On the term "expedient", the language used in the section is, as I have stated previously, normal in legislation. The wording we are using is being used on advice on the Office of the Parliamentary Counsel. That is part of our rationale for using words such as "necessary" and "expedient".

Written Answers — Department of Housing, Planning, and Local Government: Hedge Cutting (20 Feb 2024)

Malcolm Noonan: I propose to take Questions Nos. 332 and 333 together. The dates for the cutting of hedges are set down in primary legislation. Section 40 of the Wildlife Act prohibits the cutting of vegetation, with certain strict exemptions, from 1 March to 31 August. There is provision in the legislation for certain exemptions in respect of cutting vegetation in the ordinary course of agriculture or...

Written Answers — Department of Housing, Planning, and Local Government: Referendum Campaigns (20 Feb 2024)

Malcolm Noonan: The Citizens’ Assembly on Biodiversity Loss (CABL) published its’ report in April 2023. This report was referred to the Joint Committee on Environment and Climate Action, who held a series of engagement with stakeholders to discuss the issues raised. The Joint Oireachtas Committee on Environment and Climate Action published their report on the recommendations of the CABL in...

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.

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