Committee Reports::Review - Planning Legislation::03 May, 1998::Orders of Reference


TITHE AN OIREACHTAIS

An Comhchoiste um Chomhshaol agus Rialtas Áitiúll

Tuarascáil maidir le hAthbhreithniú ar Reachtaíocht Phleanála

HOUSES OF THE OIREACHTAS

Joint Committee on Environment and Local Government

Report on Review of Planning Legislation

Bealtaine, 1998


May, 1998


Contents


 

 

Page

(i)

List of Members of the Joint Committee

1

(ii)

Orders of Reference of the Joint Committee

2

Report

5

Evidence:

 

28 January, 1998:

 

Witness - Mr. Noel Dempsey, T.D., Minister for the Environment and Local Government

8

Witness - Mr. John O’Connor, Assistant Secretary, Department of Environment and Local Government

34

4 March, 1998:

 

Witness - Mr. Paddy O’Duffy, Chairman, An Bord Pleanála

51

Appendix I -Correspondence with the Department of Environment and Local Government

 

Appendix II -Summary Report on the Convention on the Review of Planning Legislation, 27 November, 1997

 

JOINT COMMITTEE ON ENVIRONMENT AND LOCAL GOVERNMENT

 

Order Appointing:

13.11.97

Dáil

 

 

19.11.97

Seanad

 

Members Appointed:

20.11.97

Dáil

 

 

26.11.97

Seanad

 

Membership:

Deputies: 14

 

 

 

Senators: 5

 

 

Quorum: Joint:

5 (Incl. 1 member from each House)

 

Select:

4

 

 

Chairperson:

Jackie Healy-Rae (Ind)

Elected: 3.12.97

 

Vice-Chairperson:

Seán Haughey (FF)

Elected: 17.12.97

 

Convernor: Govt

Billy Kelleher

 

 

Opposition

Padraic McCormack

 

 

Clerk to Committee:

Michelle Grant

EXT: 3218

 

Second Contact Person:

Angela Liston

EXT: 3076

List of Members:


Deputies:

Noel Ahern (FF)

Senators:

Frank Chambers

 

Deirdre Clune (FG)

 

Joe Doyle

 

Alan Dukes (FG)

 

Dan Kiely

 

Seán Haughey (FF)

 

Jim Walsh

 

Brian Hayes (FG)

 

Brendan Ryan

 

Jackie Healy-Rae (Ind)

 

 

 

Brendan Howlin (Lab)

 

 

 

Billy Kelleher (FF)

 

 

 

Tony Killeen (FF)

 

 

 

Padraic McCormack (FG

 

 

 

Olivia Mitchell (FG

 

 

 

Caoimhghín Ó Caoláin (SF)

 

 

 

Seán Power (FF)

 

 

 

Eion Ryan (FF)

 

 

Joint Committee on Environment and Local Government

ORDERS OF REFERENCE

Dáil Eireann


13th November, 1997, (** 28th April, 1998)


Ordered:


(1)(a)That a Select Committee, which shall be called the Select Committee on Environment and Local Government, consisting of 14 members of Dáil Éireann (of whom 4 shall constitute a quorum), be appointed to consider such—


(i)Bills the statute law in respect of which is dealt with by the Department of the Environment and Local Government, and


(ii)Estimates for Public Services within the aegis of that Department,


as shall be referred to it by Dáil Éireann from time to time.


(b)For the purpose of its consideration of Bills under paragraph (1)(a)(i), the Select Committee shall have the powers defined in Standing Order 78A(1), (2) and (3).


(c)For the avoidance of doubt, by virtue of his or her ex officio membership of the Select Committee in accordance with Standing Order 84(1), the Minister for the Environment and Local Government (or a Minister or Minister of State nominated in his or her stead) shall be entitled to vote.


(2)(a)The Select Committee shall be joined with a Select Committee to be appointed by Seanad Éireann to form the Joint Committee on Environment and Local Government to consider—


(i)such public affairs administered by the Department of the Environment and Local Government as it may select, including bodies under the aegis of that Department in respect of Government policy,


(ii)such matters of policy for which the Minister in charge of that Department is officially responsible as it may select,


(iii)the strategy statement laid before each House of the Oireachtas by the Minister in charge of that Department pursuant to section 5(2) of the Public Service Management Act, 1997, and shall be authorised for the purposes of section 10 of that Act, and


** (iv)such Annual Reports or Annual Reports and Accounts, required by law and laid before either or both Houses of the Oireachtas, of bodies under the aegis of the Department(s) specified in paragraph 2(a)(i), and the overall operational results, statements of strategy and corporate plans of these bodies, as it may select.


Provided that the Joint Committee shall not, at any time, consider any matter relating to such a body which is, which has been, or which is, at that time, proposed to be considered by the Committee of Public Accounts pursuant to the Orders of Reference of that Committee and/or the Comptroller and Auditor General (Amendment) Act, 1993.


Provided further that the Joint Committee shall refrain from inquiring into in public session, or publishing confidential information regarding, any such matter if so requested either by the body or by the Minister in charge of that Department; and


(v)such other matters as may be jointly referred to it from time to time by both Houses of the Oireachtas,


and shall report thereon to both Houses of the Oireachtas.


(b)The quorum of the Joint Committee shall be 5, of whom at least I shall be a member of Dáil Éireann and 1 a member of Seanad Éireann.


(c)The Joint Committee shall have the powers defined in Standing Order 78A(1) to (9) inclusive.


(3)The Chairman of the Joint Committee, who shall be a member of Dáil Éireann, shall also be Chairman of the Select Committee.


Seanad Éireann


19 November 1997


Ordered


(1)(a)That a Select Committee consisting of 5 members of Seanad Éireann shall be appointed to be joined with a Select Committee of Dáil Éireann to form the Joint Committee on Environment and Local Government to consider—


(i)such public affairs administered by the Department of the Environment and Local Government as it may select, including bodies under the aegis of that Department in respect of Government policy,


(ii)such matters of policy for which the Minister in charge of that Department is officially responsible as it may select,


(iii)the strategy statement laid before each House of the Oireachtas by the Minister in charge of that Department pursuant to section 5 (2) of the Public Service Management Act, 1997, and shall be authorised for the purposes of section 10 of that Act, and


(iv)such other matters as may be jointly referred to it from time to time by both Houses of the Oireachtas,


and shall report thereon to both Houses of the Oireachtas.


(b)The quorum of the Joint Committee shall be 5, of whom at least 1 shall be a member of Dáil Éireann and 1 a member of Seanad Éireann.


(c)The Joint Committee shall have the powers defined in Standing Order 62A(1) to (9) inclusive.


(2)The Chairman of the Joint Committee who shall be a member of Dáil Éireann.