Oireachtas Joint and Select Committees

Thursday, 5 February 2015

Committee on Transport and Communications: Select Sub-Committee on Transport, Tourism and Sport

Roads Bill 2014: Committee Stage

2:00 pm

Photo of Paschal DonohoePaschal Donohoe (Dublin Central, Fine Gael) | Oireachtas source

I thank the Deputies for raising those points. To begin with Deputy O'Donovan's points, when the Bill completes all Stages in the Dáil I will need to take it to the Seanad, as the Deputy is aware, and I hope to see it passed promptly enough. It will then be a matter for the body as to how it uses its powers. The reason I am making this change is to try to enable a planning process that makes better use of everybody's time and resources. I am aware of the difficulties to which the Deputy has alluded, which are causing frustration. I am aware of the difficulties the residents of Adare and the surrounding area face because I have experienced it myself as a commuter on a number of occasions. I see very well the challenge that is created there.

A balance needs to be struck between the right of consultation and recognition of the independent power of An Bord Pleanála. This is the point Deputy Ellis put to me. I am very much aware of this. Subsection (6) of the amendment, which deals explicitly with this point, states:

(6) The holding of the consultations shall not prejudice the performance by An Bord Pleanála of any other of its functions under this Act or regulations under this Act and shall not be relied upon in an application for approval under section 51(2) or in legal proceedings.

I am aware through my own constituency of the role of An Bord Pleanála and the importance that its impartiality and independence be recognised by everybody. Otherwise, difficult decisions can get even more fractious. I am being explicit in this Bill in saying that nothing here would undermine the role of An Bord Pleanála. I am confident that will happen, because of the subsection I quoted, and also because the power that is here is, in many cases, open to local authorities for smaller planning applications. They still discharge their powers well and independently. I am confident the same will happen here.

On Deputy Fleming's point, I am aware of the road to which he is referring. He and Deputy Griffin have raised the issue previously. As that road is currently under consideration and has been subject to a potential judicial review, it will not fall subject to this Bill. This Bill will pertain to new planning applications in the future. I am, however, aware of the matter the Deputy raised.

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