Seanad debates
Tuesday, 1 December 2009
Planning and Development (Amendment) Bill 2009: Report and Final Stages
12:00 pm
Brendan Ryan (Labour)
I move amendment No. 5:
In page 15, lines 19 to 36, to delete all words from and including "and—" in line 19 down to and including "variation—" in line 36 and substitute the following:
"and a resolution to make any such further modification (other than a further modification recommended or accepted by the Manager) shall require approval by two-thirds of the members of the authority concerned, and in addition such further modification—".
The amendment deals with two issues raised on Committee Stage. First, the Minister of State indicated that his intention was only to apply the two thirds rule to modifications to amendments that would not require further consultation and not to apply it to all amendments to the manager's draft of the development plan. The amendment achieves that purpose. The Bill, as initiated, was too sweeping in curtailing councillors' powers to amend the draft plan.
Second, we seek to ensure the two thirds rule will not apply to modifications to amendments the manager agrees to or proposes. Sometimes amendments are proposed by the manager and sometimes he or she will accept an amendment suggested by someone else. The Bill's provisions mean the manager's amendments will be defeated unless two thirds of councillors vote in favour. A simple majority should be more than adequate at least for the amendments accepted by the manager. The Bill is hugely bureaucratic, as it will make it cumbersome to pass an amendment to which no one is opposed. Such an amendment cannot even be passed by acclamation because a roll call vote will be legally required to establish that two thirds of the overall membership have voted for it. I ask the Minister to accept the amendment.
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