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

I think that is a better choice of language on my part.

Thematic 4 deals with the decision of the commission on appeal or on direct application for development in the Gaeltacht. This refers to Opposition amendments Nos. 683, 709 and 890. Deputy Ó Broin already made reference to amendment No. 890.

Section 107 provides for the making of decisions by the commission with regard to development that is in contravention of a development plan or the national marine planning framework. Amendment No. 683 is tabled by Deputies O’Callaghan, Ó Broin, Gould, Ó Snodaigh and Ó Cathasaigh. It intends to provide that where an appeal relates to a development located within certain specified Gaeltacht areas, and which materially contravenes a relevant language plan, the commission shall refuse permission, subject to subsections (3) and (5) of section 107.

Amendment No. 709, tabled by Deputies O’Callaghan, Ó Broin, Gould, Ó Snodaigh and Ó Cathasaigh, provides for a similar prohibition on granting permission in respect of planning applications made directly to the commission under section 121 of the Bill.

Amendment No. 890, tabled jointly by Deputies Ó Broin, Gould and Ó Snodaigh, seeks to include a new Part in the Bill entitled Language Impact Assessment, which also sets out the procedures for the carrying out of such an assessment.

The Gaeltacht Act 2012 gives statutory effect to the implementation of the 20-Year Strategy for the Irish Language 2010-2030, where it is stated that “Under the new Act, a language planning process will be instigated whereby a language plan will be prepared at community level for each Gaeltacht district”, co-ordinated by Údarás na Gaeltachta.

Under that Act, an integrated language plan may include proposals for, among other matters, physical planning and development. A development plan should have regard to the provisions of the language plan and include objectives to support the promotion of the Irish language in the Gaeltacht.

It is through development plan policy that the relevant elements of a language plan are integrated into the planning system. Individual applications are considered in the light of the development plan and its compliance with its integral polices.

It is not appropriate that language plans, or language impact assessments for that matter, should form part of the assessment criteria for individual applications. A valid planning application should be assessed on its merits in a clear and accountable manner. However, there is nothing to stop local authorities if they wish to put it in there. Obviously, however, it is only one of the aspects in that if they are considering a plan, the normal criteria that are in any planning application would apply.

Furthermore, it is the function of a planning authority to make decisions on applications within statutory periods. There are prescribed bodies named in regulations whose function it is to advise a planning authority with regard to their particular area of expertise. It is not, nor should it be, the function of prescribed bodies to evaluate and decide upon a planning application, nor is there capacity in the planning system to pre-approve a particular element of a prospective application prior to being submitted. In essence, this would prejudge an application, which is neither appropriate nor reasonable. For all these reasons, I am not in a position to accept these amendments.

Amendment No. 921, tabled Deputies O’Callaghan, Ó Broin, Gould, Ó Snodaigh and Ó Cathasaigh, seeks to amend section 233 of the Bill by providing that it shall be lawful and permissible for Údarás na Gaeltachta to carry out the functions of an approved housing body. The Housing (Regulation of Approved Housing Bodies) Act 2019 provides for the regulation of approved housing bodies in the State. For this reason, I am unable to accept this amendment.

The fifth thematic area deals with the competence of planning commissioners and the Office of the Planning Regulator in the Irish language.

Amendment No. 8, tabled by Deputies O'Callaghan and Ó Cathasaigh, and amendment No. 9, tabled by Deputies Ó Broin, Gould and Ó Snodaigh, seek to include at section 2 of the Bill a new definition for the phrase “competent in the Irish language”. This will mean at least a B2 under the common European framework of reference for languages or Teastas Eorpach na Gaeilge.

Amendment No. 1111, tabled by Deputies Ó Broin, Gould and Ó Snodaigh, relates to Irish language competency within the Planning Commission and the Office of the Planning Regulator. It seeks to provide that there be no fewer than 20% of new staff appointed to the commission who are competent in Irish from 1 January 2030.

Amendment No. 1036, tabled by Deputies O'Callaghan and Marc Ó Cathasaigh, relates to section 337 of the Bill, which sets out matters concerning oral hearings conducted by the commission. Under the current provisions of the Bill, where an oral hearing relates to development within the Gaeltacht, the hearing shall be conducted in Irish unless the relevant parties agree that the hearing should be conducted in English. Where a hearing relates to development wholly or partly outside the Gaeltacht, the hearing shall be conducted in English unless it is otherwise agreed that it should be conducted in Irish. This amendment seeks to provide an additional requirement that hearings in respect of development within the Gaeltacht must include a chairperson competent in the Irish language, hearings in respect of development partly in the Gaeltacht must be conducted bilingually and include a chairperson competent in both languages, and hearings in respect of development outside the Gaeltacht shall be conducted in English by a chairperson competent in the English language.

The Irish Language Services Advisory Committee was established by the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media in June 2022, in accordance with section 18A of the Official Languages (Amendment) Act 2021. The committee’s primary focus is the preparation of the first national plan for Irish-medium public services, due to be delivered by the statutory deadline of 19 June 2024. The preparation of the national plan is in line with achieving the overarching objective of the Official Languages Act , which is that 20% of recruits to the public sector will be competent in Irish by 31 December 2030. An Bord Pleanála and the Office of the Planning Regulator are both listed in the first Schedule of the Official Languages Act as public bodies in scope for the purposes of the Act. It is for this reason I am not in a position to accept these amendments.

I will move to thematic 6 on the performance of functions by the Office of the Planning Regulator.

Amendment No. 1127, tabled by Deputies O’ Callaghan and Ó Cathasaigh, and amendment No. 1128, tabled by Deputies Ó Broin, Gould and Ó Snodaigh, relate to the performance of the functions of the Office of the Planning Regulator. The proposals intend to amend section 470 of the Bill, which currently provides that the Office of the Planning Regulator is independent in the performance of its functions, subject to Part 18 of the Bill, and sets out matters to which the office shall have regard to in the performance of its functions. The amendments seek to include an additional matter, that is, the necessity of protecting the linguistic and cultural heritage of the Irish language and Gaeltacht communities and promoting the use and viability of Irish as the spoken language of certain specified Gaeltacht areas.

Amendment No. 1132 as tabled by Deputies O’Callaghan and Ó Cathasaigh, and amendment No. 1133 as tabled by Deputies Ó Broin, Gould and Ó Snodaigh, seek to amend section 472 of the Bill, which relates to the office's research and education function to provide that the office must conduct research and training programmes for planning authorities, regional assemblies and the commission in respect of their role under the Act in supporting the implementation of language plans.

The proposed amendments overextend the scope of the OPR's functions under both the existing legislation and those functions as set out in the Bill. They do not take account of the additional resources, expertise, funding or policy-related requirements that such proposals would give rise to. As I do not believe these amendments are workable, especially given the now well-established role of the OPR, I am not in a position to accept them.

I will now address the final theme, the performance of functions by the commission. Amendment No. 1040, tabled by Deputies Cian O'Callaghan and Ó Cathasaigh, seeks to amend section 347 of the Bill, which requires the commission to have regard to certain policies and objectives in the performance of its planning functions. The amendment seeks to provide for an additional matter relating to an appeal, application, referral or request for a development in certain specified Gaeltacht areas. The commission must have regard to the protection of the linguistic and cultural heritage of Irish language and Gaeltacht communities, including the promotion of Irish as the community language in any relevant language plan.

The matters set out in the proposed amendments are captured generally under section 347(1)(a). This paragraph brings into scope the policies and objectives of Government and State entities, which will include the matters specified under this proposal, and it is for this reason that I am not in a position to accept this amendment.