Kieran O'Donnell (Limerick City, Fine Gael) | Oireachtas source

On Deputy Ó Broin's amendments, section 46 places an obligation on planning authorities to prepare a strategy relating to the creation, improvement and preservation of sustainable places and communities. Section 46(2)(b) specifically provides for the protection of the linguistic and cultural heritage, including the protection of Irish as the community language of Gaeltacht areas in the functional area to which the development plan relates. The Deputy is probably aware that implementation must come about through guidelines and national planning statements. The Deputy is correct that there is an inconsistency in the application at the moment. The 2022 development plans guidelines give further detail on the mandatory objective for Gaeltacht areas based on section 10(2) of the existing Act. The development plans guidelines state that planning authorities should ensure that development plans have regard to the provisions of the language plan and include objectives to support the promotion of the Irish language in Gaeltacht areas. At present, the process is a joint approach involving our Department and the Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media. The latter needs to advise us as to how they are to be applied in terms of the language assessment.

The Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media commenced a study in February 2023 on the methodology and format for linguistic impact statements as key elements of future planning guidelines for Gaeltacht areas. Initial proposals have been received on foot of consultations and these are informing the draft planning guidelines for Gaeltacht areas, to which Deputy Ó Snodaigh referred. Several interdepartmental group meetings took place in 2023. Bilateral departmental engagement is ongoing. When the draft planning guidelines for Gaeltacht areas are finalised, they will require mandatory screening under EU law for strategic environmental assessment, as well as for the purposes of appropriate assessment. It is intended that, subject to the outcome of the screening exercises, that draft guidelines will then be published for public consultation. All local organisations in Gaeltacht areas and members of the public, including language groups, will be able to submit their views on the draft guidelines during this consultation phase for consideration by my Department. Noting the significant planning policy support already in place and the work under way to further enhance this, I am of the view that the Bill as currently drafted strikes an appropriate balance between recognising the need to promote and maintain the use of our national language with other equally legitimate planning considerations.

The process is provided for in section 46. It is also currently provided for under the 2022 development plan guidelines, but there is an inconsistency in approach. We are working with the Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media to bring forward specific planning guidelines. We will then move to ministerial statements.

However, we require that Department to advise us on the language assessment guidelines. Obviously we come from the planning side but in regard to the methodology for a linguistic impact statement, that rests with the Department of the Gaeltacht. There are obviously ongoing discussions.

To take up a few points that were made, the Deputy made reference to exemptions. Currently, an exempted development is where, say, someone is doing an extension to their home of 40 sq. m, which does not require planning. The Deputy is making it a condition that it would be required and an exemption would have to be sought if living in a Gaeltacht area. That is my understanding. We regard that as perhaps being overly burdensome.

The Deputy made reference to an example of a teacher moving into an area. Development plans can provide for that. That is a reserved function of councillors in terms of development plans but there is nothing to provide for that. That would be down to individual local authorities. However, we believe what is provided for in legislation is proportionate and balanced.

It follows then in terms of implementation policy that comes through guidelines and ministerial statements. Currently we accept there is inconsistency of approach with the development guidelines. We are currently working with that Department to come up with planning guidelines around the Gaeltacht areas but at present, it is with the Department of the Gaeltacht in respect of the linguistic impact statements, the methodology and how they are applied. We will progress from there.