Alice-Mary Higgins (Independent) | Oireachtas source

We need to be very clear. I hope this will be addressed in the Dáil. Subsection (6) does not set out the matters which the local authority members may consider; it sets out the matters to which they "shall be restricted to considering". That is the language. I am not looking to take anything away; I am looking to widen the power of the local authority members over the matters they consider when making their decision. This is not to take away from their making that decision - I believe they should make it - but is to specify that they would be able to consider the observations made by the public or at least the chief executive's report, which may incorporate the observations made by the public. At present the language is "shall be restricted to considering" and just two factors are listed. The Bill does not set out a "may consider" list. I will come in again on amendment No. 28. If the Minister of State is so inclined, he might accept that amendment, which includes the words "shall consider". That would address something closer to the "may consider" language the Minister of State is using. It is also probably closer to the intent. I do not believe the intent is to exclude or preclude local authority members from considering these issues but that is, unfortunately, somewhat of the effect or the implication of the language in the Bill at present.