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

Amendments Nos. 129, 171, 176 and 180 relate to the national planning framework. Amendment Nos. 189 and 190 relate to national planning statements. Amendment Nos. 525 and 526 relate to an urgent direction requiring a chief executive to vary a development plan. Amendment No. 1042 relates to the proposing of fees by the commission. All these amendments deal with the same substantive issue, namely, whether the key frameworks and policies of the planning system should be agreed by the Government or passed by the Houses of the Oireachtas. I cannot accept these amendments as they represent a deterioration of what is already comprehensively provided for within this Bill.

It is widely acknowledged that planning is a discipline that affects almost every facet of day-to-day life and is critical to the well-being of our citizens, as well as to the success of the wider economy and our response to the climate challenge. This is rightfully reflected in the whole-of-government approach taken to the development of the national planning framework, for example, which is of key importance to the delivery of objectives across education, the environment and housing, among others. Section 21(1) of the Bill provides for extensive consultation on the development of the NPF with all stakeholders including the Oireachtas, key delivery stakeholders such as local government and the Environmental Protection Agency, the wider general public, the Office of the Planning Regulator, MARA, any department or body in Northern Ireland having responsibility for regional development, Members of the Oireachtas, regional assemblies, local authorities and the commission. All these are included.

The Bill also provides for such plans to be subject to the strategic environmental assessment directive, the strategic environmental assessment regulations and the habitats directive. It is only after all of this takes place that the whole of government reconvenes to approve the NPF. This is a highly participative, transparent and deliberative process that goes beyond the level of consultation, assessment and scrutiny typically involved in Government policy formulation and implementation.

Ultimately the Government of the day must negotiate and agree an approach, including its associated targets, that will play a huge role in guiding infrastructure delivery across almost every Department and that is why the Bill provides for Government approval. The proposed amendments wish to add a further level of Oireachtas approval but are unclear as to how this can be reconciled with the extensive assessments and consultations already provided for within the Bill or with the wider programme of the elected Government. Similar amendments are proposed to section 23 regarding national planning statements, a key mechanism introduced in this Bill to improve consistency within the tiers of planning.

It was suggested by some at the pre-legislative scrutiny stage that these statements were a form of proxy legislation but as explained at the time, not only are the national planning statements themselves subject to consultation processes and Government approval but, once issued, the Bill provides for other tiers of planning, whether regional or local, to review their own plans for alignment with the national policy. It does not dictate that the national planning statements are applied inflexibly or unilaterally. The process as drafted, therefore, improves alignment throughout the planning system while allowing the necessary flexibility for regional and local plan-led approaches to continue.

Amendment No. 1042 also proposes to subject commission fees to full Oireachtas approval. Reviews of such fees are already evidentially based and subject to ministerial sign-off. Therefore, I consider this amendment disproportionate in its aim and unnecessary. I therefore oppose amendments Nos. 44, 45, 129, 171, 176, 180, 189, 190, 525, 526, and 1042.

On section 21 and the procedure for the review of the NPF, in carrying out a review under this section the Government shall have regard to any observations made on foot of the consultations under section 21(2), including any resolution or report of the Oireachtas or any committee of the Oireachtas in respect of the matters to be included in the national planning framework. I think this gives a really robust opportunity for consultation with a broad range of stakeholders to ensure there is broad input into the national planning framework.