Results 1,941-1,960 of 4,726 for speaker:Malcolm Noonan

Seanad: Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: [Seanad Bill amended by the Dáil] Report and Final Stages (11 Oct 2023)

Malcolm Noonan: I consider this amendment to be unnecessary and it is ambiguous in its language and intent. For example, what exactly does making oneself available involve in a strictly legal context? What has been proposed here is simply not workable. I am sure the Minister of the day will be more than happy to discuss the operation of the enacted Bill with all interested parties and especially with any...

Seanad: Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: [Seanad Bill amended by the Dáil] Report and Final Stages (11 Oct 2023)

Malcolm Noonan: Dáil amendment No. 175 relates to section 41(6) of the Bill and section 4(4) of the Environmental (Miscellaneous Provisions) Act 2011, and has been introduced to ensure the necessary cost protection provisions work as intended. In summary, it will mean that the cost protection afforded under section 3 of the Environmental (Miscellaneous Provisions) Act 2011 will apply to legal...

Seanad: Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: [Seanad Bill amended by the Dáil] Report and Final Stages (11 Oct 2023)

Malcolm Noonan: Again, I recall that debate with Deputy O'Callaghan. I reiterate that the amendments made to the Bill relating to JR and cost protection follow advice from the senior advisory counsel of the Office of the Attorney General. I will make the following points on the proposed amendments to the Bill, as it currently stands, following Dáil amendment No. 173. Section 151 is the only provision...

Seanad: Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: [Seanad Bill amended by the Dáil] Report and Final Stages (11 Oct 2023)

Malcolm Noonan: Dáil Amendment No. 176 inserts a new section 239, amending section 1(e) of the Foreshore Act 1933. It is intended to provide a pathway for existing foreshore applications, received by the Minister under the Foreshore Act 1933, to move to the new regulatory system in the interests of maximising the opportunities available in the more modern consenting structures provided in the Maritime...

Seanad: Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: [Seanad Bill amended by the Dáil] Report and Final Stages (11 Oct 2023)

Malcolm Noonan: The effect of the amendments proposed by the Senators would be to provide that MARA must publish any determination under the European Communities (Birds and Natural Habitats) Regulations 2011 as if it had been made by MARA and that any application for JR of such determination shall run from the date of such publication. In addition, it is proposed that application for leave to apply for JR...

Seanad: Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: [Seanad Bill amended by the Dáil] Report and Final Stages (11 Oct 2023)

Malcolm Noonan: Dáil Amendment No. 177 amends the Lough Corrib Navigation Act 1945 by the insertion of two new sections into that Act relating to the Lough Corrib navigation trustees. The trustees were established under the Drainage (Ireland) Act 1856 for the purpose of managing the Lough Corrib navigation. They consist of eight councillors drawn from Galway City Council, Galway County Council and...

Seanad: Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: [Seanad Bill amended by the Dáil] Report and Final Stages (11 Oct 2023)

Malcolm Noonan: Amendments Nos. 178 to 185, inclusive, are amendments to the Planning and Development Act 2000. Regarding amendments Nos. 178 and 179, following commencement of Part 8 of and Schedule 12 to the Maritime Area Planning Act 2021 in October 2022, a potential technical requirement has arisen for an additional planning permission for projects in the maritime area that already have the previously...

Seanad: Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: [Seanad Bill amended by the Dáil] Report and Final Stages (11 Oct 2023)

Malcolm Noonan: The Senators are suggesting that we either remove or qualify Dáil amendment 179, thereby limiting its application. This would leave in place on the Statute Book a legal anomaly requiring a double development consent under two separate provisions and tie up resources on the applicant’s and the State’s side in processing unnecessary applications. In regard to Dáil...

Seanad: Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: [Seanad Bill amended by the Dáil] Report and Final Stages (11 Oct 2023)

Malcolm Noonan: Dáil amendments Nos. 186 and 187 are technical amendments concerning the recently passed Wildlife (Amendment) Act 2023. I will take them together. As the House will be aware, the Wildlife (Amendment) Act 2023 was enacted in July of this year following the restoration of the Wildlife (Amendment) Bill 2016 from the previous Dáil. It facilitates a reconfiguration of the raised bog...

Seanad: Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: [Seanad Bill amended by the Dáil] Report and Final Stages (11 Oct 2023)

Malcolm Noonan: Dáil amendment No. 188 is a technical amendment to provide for the reference to the "Act of 2001" in the chapter to be the Valuation Act 2001. Sections 28(14) and 28(15) were amended to remove the terms "making a rate" and "rate made" and to replace those terms with "levying a rate" and "rate levied", which conform with the wording of section 4 of the Local Government Rates and Other...

Seanad: Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: [Seanad Bill amended by the Dáil] Report and Final Stages (11 Oct 2023)

Malcolm Noonan: Dáil amendment No. 193 makes precise amendments to section 19A of the Local Government Act 2001, as inserted by the Local Government (Maternity Protection and Other Measures for Members of Local Authorities) Act 2022. Section 19A permits a person to take the place temporarily of a member of a local authority who is absent from the local authority for a period due to the taking of...

Seanad: Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: [Seanad Bill amended by the Dáil] Report and Final Stages (11 Oct 2023)

Malcolm Noonan: I understand this would only be in the case of where, in a temporary absence, the councillor selects a councillor to take over that temporary absence. That is my understanding of it. I think the Senator is referring to the case where a councillor is temporarily absent for a specified period but does not replace that seat with a temporary replacement on the council.

Seanad: Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: [Seanad Bill amended by the Dáil] Report and Final Stages (11 Oct 2023)

Malcolm Noonan: I will speak specifically to this.

Seanad: Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: [Seanad Bill amended by the Dáil] Report and Final Stages (11 Oct 2023)

Malcolm Noonan: That is my understanding.

Seanad: Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: [Seanad Bill amended by the Dáil] Report and Final Stages (11 Oct 2023)

Malcolm Noonan: That is my understanding of it.

Seanad: Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: [Seanad Bill amended by the Dáil] Report and Final Stages (11 Oct 2023)

Malcolm Noonan: I will speak to the note here as well. I am not in a position to support the Seanad amendment to Dáil amendment No. 193. While the proposed amendment is the same as the first part of Dáil amendment No. 193 regarding an amendment to section 19A of the Local Government Act 2001, it removes the important second part of the Dáil amendment. The precise Dáil amendments...

Seanad: Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: [Seanad Bill amended by the Dáil] Report and Final Stages (11 Oct 2023)

Malcolm Noonan: Dáil amendment No. 194 is a technical amendment to provide for the reference to the “Act of 2019” to mean the Local Government Rates and Other Matters Act 2019. Dáil amendment No. 195 substitutes section 4 of the Local Government Rates and Other Matters Act 2019 and contains a number of technical amendments. I will outline the notable amendments. First is an...

Seanad: Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: [Seanad Bill amended by the Dáil] Report and Final Stages (11 Oct 2023)

Malcolm Noonan: Section 65 of the 1838 Act provides for the making of a rates book. While section 5 of this Act provides that a rate book prepared by a local authority, which may be stored electronically, will satisfy the requirements under section 65 of 1838 Act and remove the requirement to make a physical rate book, it is not intended to repeal the original provision. Section 106 of the 1838 Act...

Seanad: Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: [Seanad Bill amended by the Dáil] Report and Final Stages (11 Oct 2023)

Malcolm Noonan: Amendments Nos. 207, 208 and 211 are technical amendments providing definitions. Amendment Nos. 209 inserts section 272 amending section 75 of the Maritime Area Planning Act 2021 to disapply the requirement in section 75 to hold a maritime area consent, MAC, before applying for development consent. This applies where a prospective applicant has entered into pre-application consultations...

Seanad: Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: [Seanad Bill amended by the Dáil] Report and Final Stages (11 Oct 2023)

Malcolm Noonan: I cannot accept the Senators' suggestion to amend or delete the provisions at amendment No. 209, as it would result in an unfair situation where an applicant who entered preplanning consultations under the pathway to consent applicable in law at that time would then find, through no fault of their own, that he or she has to obtain a MAC and recommence the entire process, delaying the project...