Seanad debates

Wednesday, 3 May 2006

Planning and Development (Strategic Infrastructure) Bill 2006: Committee Stage.

 

1:00 pm

Photo of Dick RocheDick Roche (Wicklow, Fianna Fail)

It is not necessary to insert the word "either" in this section of the Bill. If the word is omitted, any decision of the board to "refuse to deal with any application made to it under this section" will be permitted if the board "considers that the application for permission or the environmental impact statement is inadequate or incomplete". If one includes the word "either" in that provision, one will have to introduce it in again later in this section. It would be superfluous in that it would not actually bring any additional clarity to the legislation. The Bill clearly gives the board the power to issue a refusal if any of the circumstances which are mentioned present themselves. I do not think the inclusion of the word "either" in several parts of the legislation would give it any more clarity.

Senator Bannon made a good point some time ago about computers, which were not around when parliamentary draftsmen started to hone their innate skills. In modern parlance, we tend to write things down and indent particular points under four or five headings. I am convinced that the insertion of the word "either" in this instance would not add the clarity that is demanded by Senator Bannon. It would not make any significant change to the meaning of this section. If I accept this amendment, I will be required to consider the follow-on text. I do not think there is a case for the insertion of the word "either". I regret that I will have to be negative again as I hate being negative to the Senator, as he knows.

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