Roche, Dick

Wednesday, 3 May 2006

Seanad Eireann Debate
Vol. 183 No. 81

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Planning and Development (Strategic Infrastructure) Bill 2006: Committee Stage.

These amendments are grouped together because they propose to redefine what can best be described as the actors involved in the planning process, namely, the EPA and prospective applicants, thus resul...More Button

I accept that the Senator would like to use more commonplace, easily understood language in the Bill but, for the reasons I have outlined, tortuous language is sometimes necessary. I have mentioned al...More Button

I have no problem dealing with them separately but I will give the same general response.More Button

Again, I commend Senator Bannon on his punctilious observations, particularly on punctuation points. Fowler could not have done better. The 45 amendments tabled by Senator Bannon are of a minor techni...More Button

The amendments I propose to this section involve textual corrections. They have no impact on the substance of the Bill but are necessary to correct some errors which have been detected since the Bill ...More Button

I thank Senator Bannon for tabling these amendments. I will not accept amendments for the reason to which I referred, although the Senator’s point about the submission of haphazard applications was we...More Button

When the Senator suggested we should take this point aside and examine it, I was interested, but there is not a cogent argument for doing what the Senator proposes. If we were to insert the word “eith...More Button

It is not necessary to insert the word “either” in this section of the Bill. If the word is omitted, any decision of the board to “refuse to deal with any application made to it under this section” wi...More Button

That we are talking about websites in the context of legislation is a sign that we have come a long way. The amendments before the House seek the specific inclusion in the Bill of a provision that wou...More Button

Again I thank Senator Bannon. This is really a stylistic issue. He is proposing in the main here to remove the words “proposed development”. If one goes back to the spoken language the words “proposed...More Button

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 ...More Button

The words “in relation to a proposed development to the Board” have a very specific purpose in that particular sentence, if one reads the entire section. To delete those words would have the exact opp...More Button

I will not accept this amendment and reading through it again and listening to the debate I am conscious that we are ad idem on one thing. Senator McCarthy stated that over the years there has been a ...More Button

The last part of Senator Bannon’s contribution is not something against which I would argue. He will accept I have already made guidelines on rural planning for which I have been roundly criticised by...More Button

——and getting back to the amendment, it is important that we keep the precision as it is drafted. That will be to the advantage of councillors around the country. They will know precisely and specific...More Button

The Bill does not exclude expert advice. It provides that the board may seek the views of any person or party it feels may have information relevant to the determination of an application. That would ...More Button

Yes, that is why a specific reference can be made in this regard to regulations, as has happened in the past. It is not necessary to amend the legislation because the board may seek the views of any p...More Button

I gave Senator Bannon’s point some thought during the short break between press conferences and other things. I understand his concerns, but the health issue would have to be covered in an EIS. In a p...More Button

I tend not to disagree with the Senator on the question of absolute power. This phrase was introduced for good reason in section 16 of the 1976 Act that established An Bord Pleanála. It was introduced...More Button

I am grateful to the Senator. If one examines the 1976 Act, one will find a reference in the same section to the Minister having certain rights to overrule. That has since been dropped. The Senator is...More Button

The Senator will not be surprised that I believe the amendments do not add value. One thing they achieved was to keep many of my officials up over the weekend. They were saying prayers for the Senator...More Button

Will the Senator stop? The amendment is a little pedantic. To add the words “where applicable” is somewhat otiose if one reads the section. The amendment could insert the phrase “where applicable” in ...More Button

I am sorry the Senator had to stay up so late at night. I hope he did not lose too much beauty sleep. Unlike the previous amendments where he wanted to strike out words, these amendments add words. I ...More Button

All I can say is that the Senator’s charms and persuasive powers worked more easily on the less hard-hearted Minister at the time. I do not wish to crush the Senator entirely but in amendment No. 44, ...More Button

I thank Senator Bannon for his comments on the EPA because it is easy for people to knock statutory agencies which have been established and demand that the Minister of the day interfere with their in...More Button

I share the Senator’s passion for maximum consultation with local communities through their elected representatives. As I have outlined, and as the House welcomed, the Bill is noteworthy in that it pr...More Button

Any measure that would strengthen democracy would be welcome to me but I do not want to go further on this matter than I have gone. The Bill is unique and has been recognised as such by the various lo...More Button

They say that hope springs eternal and that water will finally wear through even the hardest rock. While Senators were voting, I was discussing the words “situate” and “situated”, and I discovered the...More Button

I thank the Senator for proposing the amendment, which refers to an important new power that has been given to the board to attach a condition to a permission providing for community gain. This condit...More Button

It does. I understand the sentiment behind the Senator’s proposition to delete the proportionality clause. I gave the amendment substantial consideration but I cannot accept it. I will explain my reas...More Button

I note the point the Senator is making but 18 weeks is probably the shortest feasible time for the board to get all its ducks in a row, all its decisions and the reports concerned. If a decision could...More Button

I will commend Senator Bannon’s humanity to his colleague in the other House, Deputy Bruton, who continuously excoriates the Government for what he sees as its profligacy in its spending of public fun...More Button

The Senator has made a fair point, although it is not directly related to the Bill. As planning is a culturally specific activity, An Bord Pleanála and the local authorities have to take care when rec...More Button

It is a fair point. The influx of skilled people into this country is welcome because it is a positive thing. If one considers the decisions which have been made at EU level in recent days — I accept ...More Button

The amendment puts me in a rather peculiar position as a Minister. The Opposition is proposing that the Minister should be given more power, in effect, but I am not prepared to agree to that. The Sena...More Button

This is a textual amendment, as suggested by the Parliamentary Counsel. It is simply to delete an unnecessary cross-reference as a proposed development. It is already defined in subsection (1) and doe...More Button

The amendment to section 182A(4)(b) provides that an application for the consent and the accompanying environmental impact statement, EIS, for an electricity transmission line will have to be sent to ...More Button

The amendment to section 182A(5)(a), relating to electricity transmission lines, will allow the board to ask for further information as regards the consequences of proper planning and substantial sust...More Button

I do not believe so. It is appropriate that information such as this should be available to those who want to have a debate or a discussion on it. The Senator is right in suggesting that the energy su...More Button

Perhaps the Senator misunderstood. I said I had bitter experience in the past in this regard.More Button

No, it did not.More Button

I was actually a Deputy at the time. It helped to make me a Deputy, but I nearly lost my house over it.More Button

No, that is not the intention here.More Button

This is an important set of amendments. It is the first time that pipelines will be brought within the planning system. That is an appropriate move. Amendment No. 86 is a major amendment to the Bill w...More Button

The Senator will be known from here on as the “Don Quixote” of Longford town.More Button

The national development plan will be linked to the national spatial strategy. Senator Bannon referred to the BMW area and consistency is important. I am grateful for his positive response to the amen...More Button

This amends the reference in the Seventh Schedule to electricity transmission lines to exclude any development to be considered under the section 182A consent process. This is necessary to ensure it i...More Button

I am sure everything the Senator heard from the Fianna Fáil Member must be correct. However, few Members in either House have an aversion to nuclear power that exceeds my own. I was a little late when...More Button

I thank the Senator. The amendments propose a reduction in the thresholds for a number of categories mentioned in the Seventh Schedule, which largely reflect the EIA thresholds. They were, therefore, ...More Button

There could be a bidding process.More Button

The Senator seems to have made a career of tilting at windmills. There are a couple of other allusions to Don Quixote which I will leave to one side. He is right when he states that we need to look at...More Button

These amendments will simply clarify the development associated with natural gas storage facilities of a certain specified size. Liquified natural gas facilities will be eligible for a new consent pro...More Button

I accept the amendment and I am grateful to the Senator for drawing my attention to it.More Button

This amendment will modify section 41 of the 2000 Act. Section 41 provides that a planning authority or the board can specify a period longer than five years during which a grant of permission will be...More Button

Amendment No. 101 is a technical change to delete some unnecessary words and I commend it to the House.More Button

These are interesting amendments which propose to further restrict the rulings that the Supreme Court may make in cases under judicial review. While the amendment is broadly in line with what we are t...More Button

I am not disposed to accept the amendment. As the Senator noted, the amendment seeks to amend the provisions setting out the panels from which members are appointed to a board by removing reference to...More Button

While Senator McCarthy is correct, a cogent reason exists for not accepting the amendment, tempted as I am to do so. At present, An Bord Pleanála only requires the payment of a fee where a public repr...More Button

These amendments make a number of small changes to section 21 of the Bill, which amends section 135 of the principal Act. The main amendment is amendment No. 108, the purpose of which is to enable a p...More Button

Amendment No. 116 is also related. These amendments are linked to the strategic gas infrastructure consents, which we have already discussed. The amendments will transfer the power to decide on CPOs f...More Button

May I finish the sentence? The board will still hold oral hearings on large, controversial cases, such as many strategic infrastructure projects where such hearings are not mandatory but clearly in th...More Button

Planning and Development (Strategic Infrastructure) Bill 2006: Committee Stage (Resumed).

This is a technical amendment to section 34, which replaces sections 37 to 47, inclusive, of the Transport (Railway Infrastructure) Act 2001. The amendment simply clarifies that the amendment is to th...More Button

The amendment is incorrectly worded but, rather than cause a delay, I will consider the matter with the Chief Parliamentary Counsel and revert to the Deputy, sorry the Senator, on Report Stage.More Button

The Senator made a valid point. If he does not press the amendment at this stage, I will revert to him on Report Stage because he may be correct that the wording needs to be tidied up. It would be app...More Button

The amendment seeks to require the Railway Procurement Agency or CIE to engage in bona fide reasonable efforts to acquire land by agreement before seeking a compulsory order. I do not propose to accep...More Button

It is not quite that simple. The board must publicise the making of a railway order as early as possible upon making the order. That will facilitate wide notification of the making of the order and as...More Button

I made the point that there could be difficulties with serving the notice and this could cause confusion. If there is a court challenge in the normal course of events and it is felt that there is a de...More Button

I return to my point that there is not always the certainty that one can find the person on whom to appropriately serve the notice. If there is a deficiency in the amount of time and some bona fide re...More Button

Last Updated: 07/09/2010 22:39:12 First Page Previous Page Page of 10 Next Page Last Page