Eoin Ó Broin (Dublin Mid West, Sinn Fein) | Oireachtas source

I move amendment No. 23:

In page 22, line 23, to delete “and assess, at least at a strategic level” and substitute “, assess and where appropriate make legally binding determinations”.

As amendments Nos. 23 to 45, inclusive, have been substantively discussed, I intend to withdraw them.

However, I wish first to make a point about amendment No. 49 and to hear the Minister's response, after which I will withdraw that amendment as well. I wish to emphasise one issue. I mentioned it at the end of our previous discussion but I want to press it a little further. Amendment No. 49 refers to the ability of the office of the planning regulator to take complaints from individuals or third parties, etc. The Minister was conferring with his officials while I was making the point that I agree with him that what we do not want is a second round of appeal in the planning process. It is not the intention of this amendment to slow down planning applications that, for example, have already gone to An Bord Pleanála.

I made a comparison with the Department of Social Protection, which has an independent appeals process. A final decision is made. If someone feels that something in the process was not correct, he or she can make a complaint to the Office of the Ombudsman. That does not delay the decision of the Department of Social Protection. It does not allow the Ombudsman to review the substantive decision of the Department of Social Protection appeals office but it allows for complaints concerning, for example, malpractice or unfairness. I know the Minister will not accept the amendment and I will not press it. However, regarding the issue of whether or not, for example, whistleblowers or individuals should be able to make complaints, my reading of the legislation is that this is not currently possible. Rather than it just being the Minister, planning authorities or the regulator itself, I think such a measure can be provided for under this section.