Patricia Ryan (Kildare South, Sinn Fein) | Oireachtas source

This is a very technical Bill that deals with a process called substitute consent. In Kildare, we have seen substitute consent relating to unauthorised developments such as quarries that have breached the water table and ended up as lakes. These lakes can be an unintended swimming destination in rural Ireland. They have many dangers including cold shock. There have been a number of deaths in south Kildare over the years and I appeal to young people in particular to stay away from these quarry lakes.

Substitute consent seeks to regularise planning permission retrospectively where an environmental impact assessment or appropriate assessment is required. The most prominent and controversial case of substitute consent was an ESB wind farm in Derrybrien, County Galway. A landslide during excavation work for the wind farm caused extensive environmental damage, resulting in the European Commission taking Ireland to court in 2008. It ordered a retrospective environmental impact assessment, but this was not carried out. In November 2019, Ireland was fined €5 million by the European Court of Justice for the State's failure to carry out an environmental impact assessment at the site.

Since then, a further €15,000 a day has been added to that fine by the court, meaning the Irish taxpayer is currently facing a €17 million penalty.

The Bill makes some changes to the existing substitute consent process as the previous legislation on this was rushed and needs further amendment. We have seen successive housing policy initiatives making a mess of the housing and planning situation and doing more harm than good. We saw this with the strategic housing development legislation, which was slated by most councillors, including those who are members of the parties in government. I question the need for this Bill. There are existing mechanisms for substitute consent in exceptional circumstances. The Bill gives the power of initiation to developers and makes it easier for them to access the process of seeking substitute consent. This is another example of the Government looking after its developer friends, while substitute consent will no longer be available to local authorities to initiate. If someone who has been breaking planning laws wants to apply to build a new development, that should be done through the mainstream planning process. Access to a fast-tracked process for new developments should not be slipped in with the substitute consent process. We must not reward bad behaviour in planning.

We need wider consultation on this Bill. The Government is ramming legislation through with little thought for the consequences. We need a review clause to ensure the best interests of the public and the State are being pursued. Further consultation with councillors is a must if we are to leave them with any semblance of having the power to represent their constituents. We need to listen to them. They have been elected to represent the people and their powers have been diluted far too much by the Government and its predecessor. It is time to respect local democracy and show we place a value on it by investing in local authorities in order that decisions can be taken as closely as possible to the people.

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