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

I thank the witnesses for the presentation. One of the problems with that presentation is the impression that this is a very light and technical matter. We use words like "efficiency" and "regularise" but it is really important to remember we are talking about unauthorised developments. In some cases we are talking about unauthorised developments that have had and continue to have very profound negative effects on communities, the local environment, water courses, biodiversity etc. Even the term "unauthorised development" is probably too light, as these are illegal developments. This is about what we do to try to address those illegal developments.

I am using this language because most ordinary people watching outside might think what we are discussing to this point is relatively remarkable or it is a technical exercise to get ourselves over some legal hitches. In fact, next week will mark the 18th anniversary of the Derrybrien mudslide, which is probably the most egregious example of where our planning system chronically failed an entire community and surrounding areas. It is a failure that not only caused considerable legal and legislative problems but has caused considerable fines for the Exchequer. It is really important people understand what we are talking about and we get this right. I am less concerned about whether something is a one-stage or a two-stage process because it is really about getting the process right so we do not have a repeat of the kind of mistakes we have had in the past.

I have a couple of general opening questions, and in the second, third and possibly fourth round I will hit the witness with the more technical and troublesome questions, if that is okay. Who was consulted by the Department and officials in the drafting of this general scheme? Has there been any consultation with third parties, interested parties or other experts?

I am interested in the witness saying there are only four or five substitute consents per year; the issue is not so much their number but their size. One Derrybrien in a year equates to a pretty bad set of circumstances so will the witness give a sense of the scale of some of the substitute consent cases and the kind of environmental impacts and challenges of those? Will he provide an update on the fines? When we discussed these matters last year, the workings of the EU fines for Derrybrien was approximately €20 million, so has that increased or has the process ceased? Are there other areas where the State and the taxpayer is being fined for these kinds of environmental planning failures?

I have a question around exceptional circumstances, as this is a concept with which many of us had real difficulty when we dealt with the legislation last year. As is often the case with such matters, it was rushed in that case. Will the witness explain in plain English what are exceptional circumstances? It seems from my limited knowledge of the area that exceptional circumstances are not necessarily that exceptional at all. For the second and third round of questions, I have very specific questions on the heads and will return on those if the time allows.