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

Yes. I have a speaking note on the amendments but I would rather speak directly on them. I would not accept that people have not been working to ensure that we have compliance and consistency with some of these directives. We had a very active debate on the water framework directive in recent days, which would respond to one of Deputy Eamon Ryan's points. My concern is that if we list the specific directives that he mentioned, we would then need to have amending legislation to add another one in the future. We would become not such much a prisoner to that list, which is a positive one, whereas what we are doing here is trying to have a framework that accommodates our responsibilities across all directives. The language in the Bill, as drafted, states: "31S. (1) The office shall, in performing its functions have regard to-----" and paragraph (d) states:

"the requirements of relevant acts of the European Union, in particular, those relating to—

(i) the Environmental Impact Assessment Directive,

(ii) Directive 2001/42/EC of the European Parliament and Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment,

(iii) the Habitats Directive, and

(iv) the Birds Directives,

in so far as those requirements relate to planning authorities by virtue of being designated as competent authorities ..." and so on.

The section also states: "The office shall, in performing its functions have regard to ... the policies and objectives for the time being of the Government, a State authority, ... planning authorities and any other body which is a public authority whose functions have, or may have, a bearing on the proper planning and sustainable development of cities, towns, villages or other areas, whether urban or rural ...".

I would happily use a regulation to list the current directives that need to be factored in with respect to good planning policy but there is a problem with listing them separately. I refer to the national biodiversity action plan, the all-Ireland national pollinator plan, the water framework directive, the EU directives on air quality and the flood directive. I will deal with the Climate Change and the Low Carbon Development Act separately because it is a separate issue. If we were to change the national biodiversity action plan and it was to be called something else, we would have to amend the legislation, which is a laborious process at the best of times, to take account of that. We are putting a framework in place that represents good legislation that allows me or a future Minister to update the lists of directives and plans that are relevant in terms of consideration for the planning office. I will happily talk to the Deputy about how we can do that but I do not want to have an outdated reference in the legislation, where a person in 20 years time might say one is referring to the national biodiversity action plan or the all-Ireland national pollinator plan but that was two plans previously.

I have a different view on the national transition objectives established in the Climate Action and Low Carbon Development Act 2015. I would like to consider having a slightly different wording on that because that Act may be changed in the future and be updated. We may decide to take a different approach to dealing with climate change in the future and that needs to be factored in. I would like to have a specific reference to climate change and low carbon development in this legislation but I would like to take advice on how best to include that in a way that ensures it would not become outdated in terms of the terminology we use. If the Deputy is willing to work with us on that, we will try to come forward with something. The broader objectives of climate change are of such import that we need to reference that in terms of how we make decisions around planning, zoning and how people move around, and that also must be a major objective of the national planning framework.The other plans and directives are important. We can reference them in regulations, and we already do. I point to the requirements of relevant Acts of the European Union - we already cover them. If we list them and they might be outdated in ten years time in terms of terminology or content, we would be stuck with that reference in the legislation. That will not work. The way to deal with that is by way of regulation where a Minister could update the reference by way of a statutory instrument or ministerial order. I would like to accommodate the broader policy objective in legislation around a progression to a low carbon economy or something like that if we can get the terminology right. I would be willing to accept or to bring forward wording on that on Report Stage.