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)

The Senator is possibly right. It adds significantly to the word count, but if one considers, from a different viewpoint, the possibility of a legal challenge to a particular section it is clear that the section requires the type of self-containment ensured by including the whole set of words. On amendment No. 26, I am not sure that it is grammatically correct to take out "from the" and substitute "of". The oracles might need to be consulted on that, but we cannot accept the amendment. Basically, amendments Nos. 22 to 25, inclusive, by deleting the words "the proposed development", and in particular by doing it twice in section 37E(3) and 37E(3)(c) — although the Senator does not propose making a related deletion in paragraph (c) — would be necessary if the amendment were to be accepted. However, amendments Nos. 70 to 72, inclusive, and amendment No. 74 propose similar changes. As I said, it is more a question of style than substance, particularly in the case of the minor amendments Nos. 26 and 27, which would have no impact on the Bill. It would be better to leave the Bill as it is, although I compliment Senator Bannon on his punctilious observations on grammar.

The more serious issue is the deletion of the words "of the proposed development" and it would be unwise to do that for the reasons I have outlined. Although one would not necessarily repeat the same phrase over and over in the spoken word, in the legal text it is necessary, and so regrettably I must again be negative. My heart is with the Senator, however, on the necessity to tidy up and shorten the legal text. In this particular case, in the interests of clarity, it is important to retain the words he has suggested should be deleted. I regret I cannot accept his amendment.

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