Barry Cowen (Laois-Offaly, Fianna Fail) | Oireachtas source

I thank our guests for their presentation. The content is all very laudable and appreciated on our part, considering the representations we have had over many years. Many of us who served on local authorities were at the coalface of the planning departments for the areas we represent.

Mr. Sheridan mentioned that many of the recommendations in the Mahon tribunal are contained in the two Bills and what is not contained in them will be in the general scheme to be produced. Can he categorically state at this juncture that he believes the forthcoming Bills will, undoubtedly and without reservation, contain within them all the provisions made in relation to recommendations following those tribunals and what emanated from them? Much of the political debate around this area has centred on the inactivity on the part of those in government to be in a position to inform the public that they are addressing those recommendations and will have them as part of published Bills for enactment by legislators thereafter. I think adequate time has been allowed to the witnesses and those on whose behalf they act to make those provisions in forthcoming Bills. If nothing else, if the witnesses can give that commitment to the committee at this stage, it would be a job well done.

That being the case, there are many other issues in regard to taking in charge and so on that we do not have adequate time in this short discussion to elaborate on. That said, it is all very laudable, appreciative and cognisant of the various representations that have been made by members from all sides of the divide with a view to addressing those deficiencies from which, as I said to others who appeared before the committee in recent weeks to discuss these issues, it would appear many lessons have been learned from the collapse in the building sector and in activity surrounding that sector. We must be in a position, having learned from the mistakes, to put in place better procedures and mechanisms to police and safeguard the public's interest into the future.

I am especially conscious of the area of enforcement. I do not honestly believe that enough resources or personnel were in place within local authorities to ensure adequately that the enforcement of the relevant planning laws was one which we could stand over. I heard some of the contributors last week from Cork County Council speak about the success they have had in obtaining development charges. That goes without saying. We should not laud ourselves for having collected development charges. If they are applicable to the various permissions approved, it should go as a matter of course and should not be such that one should laud one another for the efforts after the event. I am of the opinion that the way in which the enforcement of guidelines on planning and development, building control and the placement of bonds and the manner in which they are redeemed has left much to be desired. I think it was because the eye was taken off that ball. When it was imperative thereafter, the mechanisms in place in local authorities were not sufficient. That was clear from the way in which many pillar banks were not adhering to the conditions of bonds that members of local authorities felt were adequately in place to meet the demands of a crash were it to arrive. It arrived and those assurances that they understood were in place were not enforceable, and appear still not to be enforceable, with banks and their engineers taking three and four years to produce a programme to enact the bond and to have estates finished appropriately. If Mr. Sheridan can give a commitment that we are in a position to produce Bills for the legislators to enact, that take cognisance of and are complete with all the recommendations of the tribunal within it, it will have been a good day's work.