Results 61-80 of 4,323 for speaker:Malcolm Noonan

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Malcolm Noonan: Every state will draft its own legislation to give effect to Aarhus. Obviously, it can be tested if the legislation is not Aarhus compliant. Therefore, the Government is confident that it is and that the text, as drafted, will give effect to the State’s requirements under Aarhus.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Malcolm Noonan: I want to support that. Section 266 deals with the regulation of cost payable in respect of prescribed matters. In section 266(3) on page 451 states: Before making regulations under subsection (2), the Minister for the Environment, Climate and Communications shall have regard to— (a) the need to ensure that proceedings to which this Chapter applies can be taken by...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Malcolm Noonan: Is that okay?

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Malcolm Noonan: We do have the language. I do apologise.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Malcolm Noonan: No, it should not. We have had that imbalance in the planning system for many years in terms of communities against a big project but certainly this is not the case here. The critical thing here is to create a level playing field to ensure that an NGO can participate in the system, be it a case against the State, and that it can do that in a way that is equitable. That is what this is...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Malcolm Noonan: If you lose under a no-foal, no-fee arrangement, you must pay the costs under the current Act. The Bill before us has a cost mechanism. In many cases, lawyers are going after winnable cases. The Bill will assist in the taking of cases that may be marginal. This could help to improve our environmental system, which is the important part.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Malcolm Noonan: No, what I am saying is that-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Malcolm Noonan: But it provides an opportunity for-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Malcolm Noonan: -----in terms of being confident of being supported. This is what the Aarhus Convention is directing the State to do.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Malcolm Noonan: Really, this is about putting a structure in place that is fair and equitable for everyone. It proposes a much fairer system than one that would operate on a no-foal, no-fee basis. It would provide a level playing field for the taking of cases with merit on environmental grounds and in terms of the State's requirements under the Aarhus Convention.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Malcolm Noonan: I will respond on that point before Deputy Ó Broin contributes. I have read out section 265(3)(a). Section 266(3)(b) refers to "the need for equitable and orderly access to the courts for all persons to be ensured in accordance with law" before the Minister makes the regulations. Section 266(3)(c) refers to "the need to ensure that court and judicial resources are utilised for the...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Malcolm Noonan: I will read the note. First, amendment No. 979 is consequential on amendments Nos. 954 to 956, inclusive. It attempts to retrofit some provisions regarding costs and timeframes without the necessary legal framework or consideration that underpins the Government’s own position, as reflected in Part 9, as initiated. I will therefore be opposing that. The cost provisions will deal...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Malcolm Noonan: Yes.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Malcolm Noonan: I move amendment No. 957: In page 441, between lines 9 and 10, to insert the following: “ “Part 9 judicial review” shall be construed in accordance with section 251;”.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Malcolm Noonan: I move amendment No. 958: In page 441, line 11, to delete “(within the meaning of section 251)”.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Malcolm Noonan: It is reflective of the current Act. This section provides that the procedures in this Chapter are the exclusive means by which the validity of decisions made, acts done or failures to perform functions under the Act may be challenged.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Malcolm Noonan: It means you can only deal with it through judicial review.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Malcolm Noonan: Exactly.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Malcolm Noonan: We will check that and revert to the Deputy.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (18 Apr 2024)

Malcolm Noonan: I will be moving amendments Nos. 960 to 963, inclusive, 967 and 969 to 971, inclusive,. One of the most important areas of reform in this Bill is Part 9, which updates the processes and parameters of planning judicial review and introduces a scale of legal fees relating to the judicial review and an environmental legal costs financial assistance mechanism to ensure that the costs associated...