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Seanad: Planning and Development (Housing) and Residential Tenancies Bill 2016: Committee Stage (23 Nov 2016)

Victor Boyhan: I move amendment No. 2:In page 7, between lines 24 and 25, to insert the following:“(3) An order referred to in subsection (2) may only be made subsequent to an independent review of the operation of this Chapter to include a public consultation process, any such review to commence not later than July 2019.”. The suggestion that we discuss amendments Nos. 2 and 3 together is a...

Seanad: Micro-plastic and Micro-bead Pollution Prevention Bill 2016: Second Stage (23 Nov 2016)

Victor Boyhan: I thank Senator Grace O'Sullivan and the Civil Engagement group for bringing the Bill to us. It is disappointing. Senator Paudie Coffey made a point about respectful engagement across the Chamber. It is important. People are looking at the Seanad and seeing how we conduct ourselves. The past few days have been disappointing. Inevitably, we get angry, annoyed and disappointed. It is...

Seanad: Micro-plastic and Micro-bead Pollution Prevention Bill 2016: Second Stage (23 Nov 2016)

Victor Boyhan: They could flag or indicate their amendments. It is fair and reasonable. Senator Coffey made the point that it is about being respectful of each Member. The Minister, and the Minister alone, should make a decision to allow the Bill to go to the next Stage and let us see what other issues we can tease out. It is reasonable and fair, and it would be a measure of his commitment to new politics.

Seanad: Planning and Development (Housing) and Residential Tenancies Bill 2016: Committee Stage (Resumed) (23 Nov 2016)

Victor Boyhan: To recap, I made my argument for an independent review. Surely there would be no problem with having an independent review. The Minister has clearly said it is a temporary arrangement and we know that he has the power to extend the date. I am not trying to curtail his extension of the period to five years or whatever other period he would have in mind; I am simply suggesting there be an...

Seanad: Planning and Development (Housing) and Residential Tenancies Bill 2016: Committee Stage (Resumed) (23 Nov 2016)

Victor Boyhan: No. We do not receive copies of replies.

Seanad: Planning and Development (Housing) and Residential Tenancies Bill 2016: Committee Stage (Resumed) (23 Nov 2016)

Victor Boyhan: The Minister's response is disappointing. The Minister for Public Expenditure and Reform has launched with great fanfare a new consultation document on openness and transparency. Talk of open engagement means nothing and rings hollow. I want the Minister for Housing, Planning, Community and Local Government and his officials to be part of an independent review. Ministers will not stand up...

Seanad: Planning and Development (Housing) and Residential Tenancies Bill 2016: Committee Stage (Resumed) (23 Nov 2016)

Victor Boyhan: The proposals are right and highlight some very valid points but the Minister is also right. There are two distinct issues. The housing authority carries out a housing needs assessment and local planners should be aware of what these are. I actually think we need a new housing assessment for every housing authority in the county. Planning and sustainable development are key for the board....

Seanad: Planning and Development (Housing) and Residential Tenancies Bill 2016: Committee Stage (Resumed) (23 Nov 2016)

Victor Boyhan: I want to tease this out with the Minister. He says he is empowering the planning authority. We need to be clear what we are talking about when referring to the planning authority, which is the executive of the local authority which is, in effect, the planning authority. We are not talking about elected members here. There is no ambiguity about this; it is the executive. It should be...

Seanad: Planning and Development (Housing) and Residential Tenancies Bill 2016: Committee Stage (Resumed) (23 Nov 2016)

Victor Boyhan: I accept that planning decisions are not taken ultimately by councillors. However, this is slightly different because there is no third party appeal mechanism to this process. The Minister talks about a small number of applications, in the region of 50, but this low number of applications will be for a large scale development. I know that developers are lining up to apply for planning...

Seanad: Planning and Development (Housing) and Residential Tenancies Bill 2016: Committee Stage (Resumed) (23 Nov 2016)

Victor Boyhan: It is not fair or appropriate that elected councillors are paying to engage in a planning process. The Minister has confirmed that he has done it himself. Is that fair and right to expect local representative to put their hand in their pocket? I do not think it is right. The Minister has the power to strengthen the capacity of local elected members.

Seanad: Planning and Development (Housing) and Residential Tenancies Bill 2016: Committee Stage (Resumed) (23 Nov 2016)

Victor Boyhan: I appreciate that, but-----

Seanad: Planning and Development (Housing) and Residential Tenancies Bill 2016: Committee Stage (Resumed) (23 Nov 2016)

Victor Boyhan: I am making the case that the key point is the executive. The executive does not always represent the elected members. Once the executive sends its decision, the elected councillors have no right of appeal. They cannot go back to the board and say that the decision is not correct. Elected councillors of the local authority have no right of audience with An Bord Pleanála once the...

Seanad: Planning and Development (Housing) and Residential Tenancies Bill 2016: Committee Stage (Resumed) (23 Nov 2016)

Victor Boyhan: We are dealing with section 8.

Seanad: Planning and Development (Housing) and Residential Tenancies Bill 2016: Committee Stage (Resumed) (23 Nov 2016)

Victor Boyhan: Can we move on from amendment No. 13 to section 8? The Minister has elaborated on this and pushed it through. We are exercising our function here but the Leas-Chathaoirleach has a very important function to keep people on track and to know where they are and to move people in and out of order, telling them it is not relevant.

Seanad: Planning and Development (Housing) and Residential Tenancies Bill 2016: Committee Stage (Resumed) (23 Nov 2016)

Victor Boyhan: Every time we come to a section there are so many people hopping up and down from their chairs that I do not blame him.They are hopping up and down and banging on the locked door trying to get in. I feel sorry for the Leas-Chathaoirleach not knowing the way around the place. Can we just get on with the business? I propose that we move on to the next section.

Seanad: Planning and Development (Housing) and Residential Tenancies Bill 2016: Committee Stage (Resumed) (23 Nov 2016)

Victor Boyhan: I move amendment No. 14:In page 16, between lines 32 and 33, to insert the following:"(6) That the Planning Authority would be required to hold a formal council meeting with their local authority elected members to brief them on a strategic housing development planning application in advance of its submission to An Bord Pleanála.". I will be brief. The process outlined in the amendment...

Seanad: Planning and Development (Housing) and Residential Tenancies Bill 2016: Committee Stage (Resumed) (23 Nov 2016)

Victor Boyhan: I was led to believe that I had the Minister's support on some of these amendments last week. I have heard a different story today. In fairness, the Minister cannot have it all his own way.

Seanad: Planning and Development (Housing) and Residential Tenancies Bill 2016: Committee Stage (Resumed) (23 Nov 2016)

Victor Boyhan: Let me finish.

Seanad: Planning and Development (Housing) and Residential Tenancies Bill 2016: Committee Stage (Resumed) (23 Nov 2016)

Victor Boyhan: The Minister might indicate what he is talking about. Is he favourably disposed to the idea of waiving fees for councillors to make submissions to An Bord Pleanála in respect of this specific item?

Seanad: Planning and Development (Housing) and Residential Tenancies Bill 2016: Committee Stage (Resumed) (23 Nov 2016)

Victor Boyhan: I know. Of course he will. He is here to respond. He has been responding all day. Nothing has changed just because the Leas-Chathaoirleach has entered the room.

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