Simon Coveney (Cork South Central, Fine Gael) | Oireachtas source

I will address amendments Nos. 50 to 52, inclusive, together before moving amendment No. 53. With regard to amendment No. 50, one of the key functions of the office of the planning regulator is to undertake reviews of the systems and procedures of planning authorities and An Bord Pleanála in respect of the performance of their functions under the planning Acts. Under planning legislation the enforcement of planning control is a matter for the relevant planning authority, which can take action under the extensive enforcement provisions provided for in Part VIII of the principal Act if a development does not have the required permission or where the terms of a permission have not been met. However, I agree it would be prudent to have a provision whereby the Minister can ask the planning regulator to conduct a review of a planning authority where there might be issues around the exercise of its enforcement functions, in other words, if there are inconsistencies in that regard.

In accordance with established practice, I ask the Deputy to withdraw his amendment on the basis that I will examine the legal and drafting aspects of the proposed amendment with a view to tabling an appropriately worded amendment on this matter on Report Stage. There are issues with the words "desirable level" in the phrase "is failing to achieve a desirable level of compliance with planning law". That terminology is something of a moveable feast. It is subjective in terms of who is doing the desiring. If we are to do that, we require tighter legal wording. However, I do not have a problem with the point being made.

I do not propose to accept amendments Nos. 51 and 52. These amendments, collectively, go beyond the intended functions of the office of the planning regulator by proposing that the office should have oversight in respect of the exercise of enforcement functions of planning authorities. It is not intended that the office of the planning regulator will have a power to investigate individual planning complaints. However, as previously signalled, the office will have scope to review the organisational systems and procedures employed by planning authorities in respect of their enforcement functions where it receives indications by way of complaints that the said functions are not being adequately performed. This is the most appropriate means of addressing enforcement related issues by the office of the planning regulator. Giving the planning regulator power to address individual planning complaints would in all probability seriously undermine the effectiveness of the office due to the likelihood of being inundated with individual planning complaints. That would be counterproductive in terms of delivering on its core objectives and functions.

Amendment No. 53 is a minor technical amendment to clarify the procedures to be followed by the office of the planning regulator in considering complaints received by it, in the undertaking of examinations and reports and in the onward submission of reports to specified bodies such as the planning authority, the Minister or both or, alternatively, to the Ombudsman, the Standards in Public Office Commission, SIPO, An Garda Síochána or to such other State authorities as may be prescribed for appropriate action.