Alice-Mary Higgins (Independent) | Oireachtas source

To clarify, this section of the Bill, which provides for the proposed new section 9A, refers to "Modification to operation of section 9". I see that the proposed new section 11D refers back to section 9. Section 9A refers to section 11D. Section 11D(2) provides that "Before making a decision under subsection (9), the planning authority shall be satisfied that ... the effect of the proposed extension of the duration of the existing development plan for the area is not likely to have significant effects on the environment" or on a strategic environmental site and so forth. I do not see an equivalent text providing that it shall be satisfied before making a decision under section 9A. Maybe the decision will be made under section 9 and section 9A is a qualifier, but it is still a little unclear. The Attorney General may be concerned about the risk of duplication but I am worried about a risk of dilution. I would like to have that clarified because notwithstanding section 9, section 9A is almost a caveat to the operation of section 9 in providing for modifications to its operation. The proposed new section 11D contains caveats to the operation of section 9 as a whole but I am concerned that section 9A might over rule section 9 in that sense. The Minister of State will understand that this is one of the problems that arise when Committee and Report Stages are taken together. Otherwise, I could leave it go through in good faith and we could pick it up on Report Stage. As we are only seeing these amendments now, I want to have absolute clarity that there is no question of any diminution of the requirements set out in section 11D in respect of the operation of section 9 under the conditions of section 9A.