Malcolm Noonan (Carlow-Kilkenny, Green Party) | Oireachtas source

Amendment No. 27 proposes the addition of a new paragraph in section 40(2). Under section 40, the Minister may exempt proposed works from EIA requirements, as provided for under sections 32 to 39, subject to certain conditions. Subsection (2) relates to the consultation that must be undertaken before a determination on an EIA exemption request. A relevant local authority must be consulted in respect of the request and any submission made by that local authority must then be considered by the Minister.

I do not disagree that the relevant PPN could, or should, be consulted as part of this process. However, this should remain a local authority process that is best left to the relevant local authority to manage. In order to achieve the overall aim of the proposed amendment, I recommend utilising the guideline provisions under section 167. The latter allows for guidance to issue to all local authorities relating to the performance of their functions under the enacted Bill. The EIA exemption process is one of several areas where guidelines could specify that, where appropriate, local authorities should engage with their PPNs as part of the overall consultation process. While the requirement would not be enshrined in primary legislation as the Senator suggests, the enacted Bill will require local authorities to have regard to any guideline issued under section 167 in the performance of their functions. I take this opportunity to confirm my intent to undertake meaningful engagement with local authorities when it comes to the creation of guidelines under section 167. Such guidelines will be important tools to help ensure practical assistance is provided to local authorities. One area I will concentrate on will be the determination of best practice as regards the internal local authority procedures to be carried out when dealing with various consultation obligations under the Bill. I expect this will deal with a lot of the concerns the Senator has. They are valid concerns, and it is important we get this right.

Furthermore, in respect of our previous discussions on city and county development plans and how they and their annexes should refer to monuments given the position that section 167 guidelines for local authorities are considered the most suitable approach to ensure development plans will incorporate monuments, I have instructed my officials to explore how this might be explicitly provided for under section 167. Again, pending discussions with the Office of the Parliamentary Counsel, my intention is to introduce appropriate amendments on Committee Stage in Dáil Éireann. I hope this is to the satisfaction of the Senator.