Prisons Act 2007

26.

Oireachtas approval for development.

26.— (1) If the Minister decides to proceed with the development, he or she shall move a draft resolution in both Houses of the Oireachtas—

( a) containing—

(i) a description of the development, including its location, purpose and size and any alterations made by the Minister to it in accordance with section 25 ,

(ii) a statement that an environmental impact assessment and, where appropriate, a supplementary environmental impact assessment was or were prepared with respect to it,

(iii) the measures taken to invite submissions or observations from members of the public,

(iv) the main measures taken to avoid, reduce or offset any possible significant adverse effects of the development on the environment,

(v) a drawing or other visual representation of the exterior of the completed development, and

(vi) any conditions to be complied with by the person or body responsible for the construction of the new or extended prison,

and

( b) approving of the development.

(2) Before moving the draft resolution, the Minister shall cause the following documents to be laid before each House of the Oireachtas:

( a) a document stating—

(i) the location, purpose and size of the development,

(ii) its land-use requirements during the construction and operational phases, and

(iii) the estimated type and quantity of any residues and emissions expected to result from it;

( b) the environmental impact assessment and any supplementary impact assessment;

( c) a drawing or other visual representation of the exterior of the completed development;

( d) the report and any supplementary report of the rapporteur.

(3) The Minister may also, before moving the draft resolution, cause a document containing his or her observations on any of the documents mentioned in subsection (2) to be so laid.

(4) If the draft resolution is approved by each House of the Oireachtas and confirmed by an Act of the Oireachtas, the Minister may proceed with the development.

Annotations:

Editorial Notes:

E15

Resolutions approving the development of a prison on a portion of the site used as Cork Prison, in the townland of Rathmore and city of Cork passed by Dáil Éireann and Seanad Éireann under section confirmed (23.07.2013) by Prison Development (Confirmation of Resolutions) Act 2013 (28/2013), s. 1, commenced on enactment.

E16

Resolutions approving the development of a prison in the District Electoral Division of Kilsallaghan in the County of Fingal passed by Dáil Éireann and Seanad Éireann under section confirmed (2.07.2008) by Prison Development (Confirmation of Resolutions) Act 2008 (10/2008), s. 1, commenced on enactment.