Steven Matthews (Wicklow, Green Party) | Oireachtas source

I thank Deputy Higgins for staying within her time.

The Green Party slot is next. I thank the Department of Housing, Local Government and Heritage for bringing this Bill. I understand the timely requirement of it. I will go straight to my questions about the heads.

On head 5, relating to section 106 - the skills base is set out in section 106(2). In a similar way to Deputy Ó Broin, I ask the Department to take on board that a skills base should be added on climate ecology, marine ecology and water resource management. On the same head, in respect of the proposed section 106(5)(iv), which is about the panel, it is sensible to have a panel of people in place because we do not know when members may retire or move on. However the same stipulations that apply to members should apply to people who are on the panel. If people who are selected to be on the panel as being suitable to be ordinary members have a change of circumstances and a conflict of interest arises for them, they should be removed from the panel and the panel should be reviewed on an ongoing basis to ensure the people who sit on the panel are still suitable.

They may have been suitable to go on the panel at the time but there may have been a change in circumstances. One has to allow for when somebody on the panel has a temporary appointment to a position. For instance, someone with ecology experience on that panel could become an ordinary member if they were to be contracted by a developer to work. I do not think that should be an exclusionary reason. Reasonable allowances would have to be made for that.

It says that the "Minister may continue to make appointments from this panel until it has expired". What triggers the expiration of the panel? Is it when it goes below a threshold of members or is it after a certain number of years?

On the same head 5, the proposed section (106) (7), provides for the disqualification of people from being an ordinary member. I suggest that should apply to the panel as well. Subsection (9) provides that "an ordinary member shall hold office for such term (not exceeding 5 years)". Because the board is down to such a small number of members at present, we know there will be temporary appointments to the board. I am not sure when current members' terms come to an end but were we to appoint an all-new board or a significant number of new members to the board, they should not all finish their terms at the same time. Maybe we could have mid-term reappointments or something of that nature so there is not a cliff edge at the end of it.

Section 106(10) provides that a "person shall cease to be an ordinary member of the Board "for reasons such as bankruptcy or being convicted of indictable offences and again, that should apply to panel members. Section 106(12), which deals with the removal of members, states "An ordinary member may be removed from office by the Minister if he or she has become incapable through ill-health". I presume that is when a member declares their ill-health or medical certification and it is not up to the Minister to decide if someone is well enough to do it. It also provides for removals where a member has "committed stated misbehaviour". I seek clarification on what "stated misbehaviour" is. Is there a list in the previous section? I think that is it on planning and An Bord Pleanála.