Oireachtas Joint and Select Committees

Tuesday, 29 January 2013

Joint Oireachtas Committee on Environment, Culture and the Gaeltacht

Establishment of Planning Regulator: Discussion with Minister of State

3:00 pm

Photo of Caít KeaneCaít Keane (Fine Gael) | Oireachtas source

I welcome the Minister of State and her officials. This is D-Day for planning in Ireland given that the Minister of State is here with the recommendation to implement the policy of the Mahon tribunal which is accepted by the Government as a whole. We have to call the Mahon tribunal what it was: the planning matters, payments and corrupt payments to politicians tribunal. Given that it took it 15 years to deliberate at a cost of €300 million to the taxpayer, the people want to see an outcome and responsibility. Some people wanted politicians taken out tarred and feathered and are disappointed that did not happen. What the Government can do is implement its recommendations and that is what we are about today. In regard to payments to politicians, the Minister for the Environment, Community and Local Government, Deputy Phil Hogan, has brought new proposals to Government on that. As the two are interlinked, I had to mention them.

In regard to the fixation with zoning, I was a member of Dublin County Council at the time. Deputy Brian Stanley said it all when he said not all politicians had a fixation with zoning. Not every elected councillor or Deputy had a fixation with zoning. There are bad apples in some carts. There are other politicians who strive at all times to do their best and we should not tar them all with the same brush. We are all aware of zoning that has been driven by developers and speculators. In all the planning Acts the phrase used was "have regard to" whereas the new Act provides that it must be responsible and must have "heed to". Whatever system is put in place, it must be accountable and a methodology must be put in place for imposing sanctions on those who do not carry out their functions because we do not want to spend 15 years asking what to do if something goes wrong. There must be accountability, openness and transparency. Independent oversight of all development is important but it is not always the panacea and the be-all and end-all of everything. We had an independent regulator who was supposed to regulate the banks and it did not regulate them in the way it should have done. The Mahon tribunal cost €300 million and the bank crisis has cost €36 billion. Independent oversight does not always bring about a responsible outcome.

Politicians are elected to be responsible to their communities. Participation by citizens is an important part of planning. It is important that citizens' input is available at local area level in respect of local plans and local development. While issues may be decided that are in the best interest, there is, however, a great deal of the NIMBY - not in my back yard - syndrome in planning. If there is a reason to deviate from an agreed plan, at whatever level, the reasons must be written down and explanations given. That is important because sometimes an issue may come to light that was not on the plate when the area plan was drawn up or it might conflict with another.

The regional authorities have a huge role to play in regional planning, as I witnessed in Dublin and Kildare. However, what is in the interest of Dublin may not be in the interest of Kildare or vice versa. The regulator will also have to oversee the regional spatial output and input in respect of Dublin and Kildare.

The Minister asked if the power should be fully transferred. Who is accountable and how does one get accountability? One can be sacked, de-selected and unelected but one should be accountable. How is a regulator to be made accountable? I ask the Minister to reconsider the removal of all powers from politicians in this respect because democratic accountability is important. Section 140 of the Local Government Act has been amended as there was an abuse of the section.

The issue of enforcement is probably one of the most important elements. I spent a long time as a member of a council, as did many others present. The question often asked was whether funding was available for enforcement. A table should be drawn up in each local authority showing the costs and what has been done rather than an excuse being offered that the authority does not have the funds or the staffing.

Perhaps the Minister of State will respond to my question on the directive. I do not think it changes any of the planning enforcement issues but is merely seeking the enforcement already provided for and stating that one has to be accountable. I ask the Minister to include the executive of the council given that she has required the senior officer to provide regular updates on enforcement activity and outcomes to the director of planning and the manager.

Nobody needs to know that more than the local councillor because if it is not being enforced, they need to know it straightaway. The executive councillors should also be included in that.

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