Mr. David Walsh:

I will take the last question first. From the board's perspective, we must ensure that we are consistent internally. Again, as Ms Kenny has said, we have workshops where all of our planning teams come together to discuss issues, cases that have come through, emerging decisions and feedback from the board, so at least from our perspective, we are satisfied that all of our planners understand the context and how we see the interpretation of the guidelines and legislation. As I said in my opening statement, there is opportunity and scope for the board to support and engage not only with the Department but also with other local authorities and to ensure that, through formal structures with the County and City Management Association, CCMA, and through engaging, arranging for workshops and speaking at events, we can deliver and get the balance right. The Senator is right. Possibly more than other professions, people bring certain perspectives to planning, but that is not to say that one plan is correct while another is not. There are always different considerations and perhaps that also reflects the point made by Senator Lawlor around where the inspector has a particular view, having that test through the board itself and saying that there is a review of it. Obviously, I cannot speak about individual local authorities but I know that from a professional development perspective and from elaborating and explaining our new policies and expectations, the Department as well as the CCMA do arrange for sessions where many planners get together. That shared information might help to iron out some of those divergences in approach. It is something on which we will always be working. Policy is changing quicker than the speed at which we can adapt and it is important that we retain that professional development piece.

Regarding the Flemish decree and whether it is an appropriate approach, Ireland has been engaging with the Commission since 2007 and 2008. Obviously, the decision that came out was not just one relating to an Irish issue but was something to which we had to adapt. From ongoing discussions the Department has had with the Commission regarding the national planning framework, NPF, and some of the policies, I know that it is satisfied that the policies set down with regard to rural housing and local need within the NPF are consistent with the Flemish decision. On that front, it is probably something on which the Department needs to provide its view.

Perhaps the Senator feels that I am not giving him a straight answer to his first question, but the board will look at every submission and every objection that comes through on the merits of the application. Obviously, we must make sure it is a bona fide submission or objection and that it is not anonymous. We must be able to trace it and say this is somebody who has outlined his or her view. Whether he or she raises substantive issues and planning considerations or just provides general support or an objection, these are all factors that the inspector and, ultimately, the board will take on board. As we outlined, the system allows for third-party appeals. There are not that many restrictions on being able to ask whether one has standing to make a case. Obviously, there are some EU environmental requirements in terms of public participation and the Aarhus Convention that enable people to make views known, so it would not be appropriate to restrict it to people within a certain zone. It is something that the Department and Minister are looking at in the context of some historical cases that have shown up what might be seen as matters where the system might not be as fully aligned with what it was intended to be. That is the matter for the Minister and Department to look at but I know it is something that is certainly under consideration.