Oireachtas Joint and Select Committees

Tuesday, 13 February 2024

Select Committee on Housing, Planning and Local Government

Planning and Development Bill 2023: Committee Stage

Photo of Cian O'CallaghanCian O'Callaghan (Dublin Bay North, Social Democrats) | Oireachtas source

We have no clarity or commitment that there will be change in the building control legislation, even though the Minister did signal at the start that it is an area that may need to be looked at. We have no commitment that there will be any review of Part M. We do have this wording in section 46(2)(a) which is similar to the wording in the existing legislation. The situation since 2000 has not been thestatus quo. It has been massively deficient. Since then, Ireland has ratified the UNCRPD. However, there is nothing the legislation that reflects this or strengthens it. The wording here is fine, but it is not a major commitment to state that there be a “strategy for the creation, improvement and preservation of sustainable places and communities” and that it would include objectives for “recreational and cultural requirements of the functional area, including the needs of children, the elderly and persons with disabilities”. That is better than nothing, but is it robust? The section states that the "strategy shall include objectives for". That is all. You can meet that and be compliant with section 46(2)(a) relatively easily. All you have to do is have a strategy with these objectives. You do not even have to implement the objectives to be compliant with this Part. You just must have some objective somewhere that refers to this in your strategy.

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