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

I have the floor. The Minister of State has not answered the question and I will repeat it again for clarity at the end. The Minister of State has repeated what the Minister of State, Deputy Noonan, told us yesterday, which I accept is the Government's position. I am not disputing it. We have a planning regulator because the Mahon tribunal report recommended one. It also recommended placing the national planning framework, as it is now called, on a statutory footing, after consultation, with a vote in the Oireachtas. However, the last time the Government ignored a key recommendation of the Mahon tribunal was with respect to the planning regulator. I was there when we were doing the legislation with Eoghan Murphy.

Recommendation 1.14 of the Mahon tribunal report states:

...the Tribunal is recommending that the Minister for the Environment's ability to give directions to Regional Authorities and Local Planning Authorities should be entrusted to a Planning Regulator. ...

The legislation passed by Eoghan Murphy provides that the function of the regulator is to make suggestions to the Minister to make a direction. This was a very significant weakening of the independent regulatory and enforcement role of the OPR, which we argued against at the time. First of all, the Government did not follow Mahon with respect to the planning regulator, with too much power being left with the Minister. Furthermore, the Government has made a decision, as is its prerogative. I am not questioning the Government's prerogative to decide that there should not be a vote on the NPF. However, the simple question I am asking is this: why is this the case? The Minister of State has not answered this question. Why is it that the Government will not allow the Oireachtas to have a vote on this fundamental planning law in our State?