Select Committee on Finance and General Affairs debate -
Thursday, 27 Feb 1997

SECTION 16.

Mr. Howlin

I move amendment No. 31:

In page 12, subsection (4), lines 43 and 44, to delete " a reasonable opportunity" and substitute " an opportunity within a specified time".

This amendment allows a local authority to specify a time limit for an occupier to make representations to it on the measures it proposes to impose. It is better that a time limit should be put in place rather than stating that people should have "a reasonable opportunity". I am allowing local authorities to create such time limits.

Amendment agreed to.

Mr. Howlin

I move amendment No. 32:

In page 13, subsection (7)(b), line 18, to delete "public road" and substitute "roadway".

This is merely a drafting amendment.

Amendment agreed to.

Mr. Dempsey

I move amendment No. 33:

In page 13, subsection (9)(d), line 35, after "recreation," to insert "whether the venue used is one purpose built for such events or being used on an occasional basis,".

The Minister will be aware of recent courts cases where it was decided that planning permission must be sought for occasional events such as rock concerts, etc. Section 16(9) states "This section applies to an occupier of any premises that are used wholly or partly for the purposes of. . . ", and I was not sure whether this would cover occasional events such as rock concerts. If the Minister can provide an assurance that it does, I will withdraw the amendment.

Mr. Howlin

It covers such events and is also dealt with under sections 17 and 18.

Amendment, by leave, withdrawn.

Mr. Howlin

I move amendment No. 34:

In page 14, subsection (10), to delete lines 10 to 19, and substitute the following:

"(a) any footway adjoining the land and forming, or forming part of, a public road, and

(b) any area of land forming part of a public road between any such footway and the roadway.".

Amendment agreed to.

Section 16, as amended, agreed to.