Oireachtas Joint and Select Committees

Thursday, 15 February 2024

Select Committee on Housing, Planning and Local Government

Planning and Development Bill 2023: Committee Stage (Resumed)

Photo of Darragh O'BrienDarragh O'Brien (Dublin Fingal, Fianna Fail) | Oireachtas source

These amendments propose additional consultation requirements with a wide range of specified bodies that have some role or function relating to our teanga. These proposed consultation requirements fall across several areas of the Bill, including in the preparation of draft development plans, which is obviously open anyway, a variation of existing plans, the preparation of urban area plans, priority area plans and co-ordinated area plans.

The consultation arrangements in the Bill are appropriate. I will give information on what risk is there. The amendment proposes to list every organisation and body and tries to be very prescriptive. We already list anybody as appropriate or any other bodies as so prescribed. That gives us the flexibility we need. For argument's sake, we have been discussing the work that Bánú is doing, but new organisations have come in and others will come in. We may be prescriptive to organisations within a Bill, but we may then want to potentially provide further consultation. We would have to leave it open. Would it be challengeable if we were to say that we have given a definitive list but we have left someone out? We would then have to go back and amend the legislation.

In the draft legislation, we have made it as broad as possible to allow for the consultation that is needed. We fully respect the groups that have given input with their amendments. We have a lot of regard for them. I have interacted with them directly in person. There is a real risk with trying to be prescriptive that we would leave someone out. I will not repeat myself. I do not intend to extend the statutory consultation requirements beyond those that are set out in the Bill. There is the danger that we would weigh too heavily in favour of the views of one set of consultees above numerous others. That may leave it open to challenge by equally valid voices. We do not want to give a weighting to one voice over another. I am sure no one wants to do that. In any event, any Minister in the future will be empowered to consult with bodies as he or she sees fit. The option to prescribe such bodies in regulations also exists for certain provisions.

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