Malcolm Noonan (Carlow-Kilkenny, Green Party) | Oireachtas source

Amendment Nos. 38 and 39 propose to add two new subsections to section 4 to provide that the Minister shall establish a list of prescribed bodies which include organisations engaged in either environmental protection, protection of built heritage, archaeological, historic or cultural heritage that will be consulted with when making regulations. The amendments also propose that there should be public consultation on regulations which may have a significant impact on the environment.

Where regulations are screened for SEA and where SEA is required, a public consultation takes place as part of that process. For example a public consultation ran during the summer of 2022 in relation to draft solar exemption regulations, with which Deputies will be familiar, which provided for the installation of a range of solar infrastructure on schools, community and sports facilities.

The regulations were then introduced towards the end of 2022 following a review of the submissions and observations received as part of that consultation process. As with all law, the principles and policies of planning law are set out in this Bill. Regulations as secondary legislation are a function delegated to the Minister and merely give effect to the principles and policies which are contained in the Act as approved by the Oireachtas. It is at the Bill stage where the significant consultation should take place and there was extensive engagement on this Bill through the planning advisory forum as well as the significant pre-legislative scrutiny of the Bill undertaken by this committee.

There will be consultation on regulations where necessary and appropriate but I do not consider that it is the requirement to do so as set out in the Bill. Many regulations are of a technical nature and it would not be appropriate or necessary to consult on them. Others are more substantial in nature and when they are being drafted it would be normal to have some consultation with relevant stakeholders on them. For example, in relation to the solar regulations mentioned, my Department would have consulted extensively with the Irish Aviation Authority, the Department of Defence and the HSE in order to provide appropriate safeguards in close proximity to aviation sites such as airports, military barracks and emergency helipads. Further, there was an internal engagement with the architectural heritage part of the Department to ensure adequate safeguards for the character of architectural conservation areas, ACAs.

For these reasons, I cannot accept amendments Nos. 38 or 39.