I will speak to a couple of points. I note with regard to the Office of the Planning Regulator that there already was a review by the Department relating to the lobbying register and at that point it chose not to include the Office of the Planning Regulator. I am glad to hear there is another review, and we might get a very clear timeline for that. To be clear, this is not a simple procedural issue because a review already took place in which the Office of the Planning Regulator was not recognised as a party on the…

I thank the Minister of State for his response. I note it is different from saying we are completely compliant. We now know the Attorney General is looking at the matter in respect of the finding of non-compliance and the report on the continued non-compliance under this legislation. It is important to note that is quite different from saying the Bill is compliant. I am a little concerned about the timelines. The Minister of State mentioned he is required to reply to the Aarhus committee by September. We have been …

It is actually on that section. I note that within that section, it speaks around the Minister's dates and orders for the commencement of different sections of the Bill and for the repeal of different provisions of the Act of 2000. As will become apparent when we are discussing later sections, there are areas where I believe lacunas are going to be created, whereby certain provisions could be repealed and the replacement provisions or other provisions may not be commenced. There is a potential disjoin there and I m…

I move amendment No. 2: In page 27, between lines 21 and 22, to insert the following: “Legal acts of European Union and International Conventions given effect to by this Act 2. Effect or further effect, as the case may be, is given by this Act to— (a) an act specified in Part 1 of the Table to this section, adopted by an institution of the European Union or, where appropriate, to part of such an act, and (b) an International Convention specified in Part 2 of the Table to this section, ratified by either the Europea…

I move amendment No. 4: In page 38, line 27, to delete “, subject to subsection (8) of section 155 ”.

Much as Senator Moynihan tried to address the issues in respect of section 15 of the Climate Action and Low Carbon Development Act 2015, which is crucial, I will bring some amendments on Report Stage addressing the issues of climate, as well as the phrase, "sustainable development" that is getting used quite a lot in the debate already in order that we are clear where that sits in respect of the sustainable development goals and biodiversity. The amendments also will clarify and perhaps strengthen the provisions in…

I move amendment No. 10: In page 42, between lines 3 and 4, to insert the following: “Report on Aarhus Convention 3. The Minister shall, within three months of the passing of this Act, lay a report before both Houses of the Oireachtas outlining the specific manner in which this Act, and any regulations or orders made thereunder, comply with the Aarhus Convention.”.

I move amendment No. 11: In page 42, line 20, to delete “or expedient”.

I move amendment No. 12: In page 42, between lines 23 and 24, to insert the following: “(4) (a) The relevant Minister shall— (i) establish a list of prescribed bodies for the purposes of consultation on regulations and other matters under this Act under their jurisdiction, and (ii) before making regulations under this Act, consult with the existing set of prescribed bodies that are connected with or relate to the matters to which any proposed regulations the relevant Minister is preparing, and provide them with an …

I move amendment No. 13: In page 42, between lines 23 and 24, to insert the following: “(4) The Minister shall facilitate effective public participation at an appropriate stage, and while options are still open, during the preparation of regulations which may have a significant effect on the environment, and shall take the following steps: (a) set time-frames sufficient for effective participation; (b) publish or otherwise make publicly available the draft regulation; (c) provide the public the opportunity to comme…

I move amendment No. 14: In page 42, to delete lines 31 to 37 and substitute the following: “(5) Notwithstanding anything elsewhere provided in this Act, including under subsection (1) of section 285 , where regulations or an order are proposed to be made by a Minister under— (a) Part 3 Plans, Policies and related Matters, (b) Part 4 Development Consents, (c) Part 6 Environmental Assessment, (d) Part 7 Housing Strategy and Supply, (e) Part 8 Miscellaneous powers of Planning Authorities, (f) Part 9 Judicial Review a…

I move amendment No. 15: In page 42, to delete lines 38 to 40, and in page 43, to delete lines 1 to 6.

This is important. I will signal that what things are used for can matter. One area where that has been important relates to cultural activity, where there is a change of use from cultural activity, which may be a commercial cultural activity. When things are given planning permission, it is often because it involves a look to how they will contribute to the area and space. In San Francisco, London and elsewhere, for example, restrictions around change of use are being looked at where something has had a cultural p…

I am happy for the Minister of State to come back in to reply to this issue and I can then come back to the others.

I have a number of amendments in this grouping. Amendment No. 20 seeks to insert a new subsection into section 8. This would provide that the Minister should, following consultation with the Housing Commission and the Minister for Tourism, Culture, Arts, Gaeltacht, Sports and Media, Údarás na Gaeltachta and Gaeltacht language planning officers, lay a report before both Houses of the Oireachtas, within six months of this Act, outlining the impact of short-term lettings on Gaeltacht communities, in particular, on the…

I agree with Senator McDowell. I have highlighted the inadequacies of the measures in this section as they relate to Article 6.1.(b) of the Aarhus Convention. The attempts to address that issue are inadequate. This is not the only issue, however. The wording in section 9(6) effectively provides that almost any class of development in which the issue of environmental impact assessments has been elsewhere addressed can be exempted. The bar for exempted development should be high. We need a clear list of what the exce…

Regarding amendments Nos. 27 and 23, the Minister is using the example of having the environmental impact assessment or appropriate assessment or the decision that they are not required or required as a proxy for environmental significance when they are not an adequate proxy. They are tools that are useful regarding considering environmental significance but they are not in themselves a complete and shorthand proxy. In amendments Nos. 23 and 27, I am seeking to make the legislation more robust by using the language…

I move amendment No. 20: In page 44, between lines 25 and 26, to insert the following: “(5) The Minister shall, following consultation with the Housing Commission, the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media, Údarás na Gaeltachta, and Gaeltacht Language Planning Officers, lay a report before both Houses of the Oireachtas within six months of the passing of this Act outlining the impact of short-term lettings on Gaeltacht communities, in particular on the availability of affordable housing fo…

I move amendment No. 23: In page 45, to delete line 21 and substitute the following: “required, or where the activity may have a significant impact on the environment. (4) (a) The Minister shall prescribe via regulation the screening criteria requirements to determine if an activity may still have a significant impact on the environment where screening determinations have determined that Environmental Impact Assessment or Appropriate Assessment requirements or both are not required. (b) Development shall not be exe…

I move amendment No. 25: In page 46, line 6, to delete “and”. I will withdraw the amendment and reserve the right to reintroduce it.