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

First, I wish to follow up on what I was saying on amendment No. 171 because I had not concluded on it. The Minister of State compared section 21(4) of this Bill with section 20C(8) of the amended 2000 Act to try to make the case that it meant earlier engagement. However, the relevant section to have compared section 21(4) with is section 20C(9). I will simply read it. Section 21(4) of this Bill states:

In carrying out a review under section 20, the Government shall have regard to any observations made on foot of the consultations under subsection (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.

Section 20C(9) of the amended 2000 Act states:

In preparing or revising the National Planning Framework, the Government shall have regard to any resolution or report of, or of any committee of, the Oireachtas that is made, during the period for consideration, as regards the proposed strategy or, as the case may be, the Framework as proposed to be revised.

What then happens is the role of the Oireachtas in section 20C(8) is simply taken out and there is not a vote of the Oireachtas. Therefore, it means less engagement with the Oireachtas, not earlier engagement with Oireachtas.

On amendments Nos. 176 and 180, amendment No. 176 amends the legislation so that the issuing of national planning statements would require the approval of the Oireachtas instead of Government. Amendment No. 180 requires that amending or revoking a national planning statement would require approval of the Oireachtas instead of Government. Looking at section 24 of the Bill and the long list of what these new national planning statements can cover, they are not limited to these, but it includes “preparation of regional spatial and economic strategies, development plans, urban area plans, priority area plans, coordinated area plans and development schemes”. That is just paragraph (a), and there are paragraphs (a) to (o). It is an extensive list, which is not exhaustive, of what national planning statements can be issued on. That is a significant and powerful instrument. For the Minister to be able to do this without proper Oireachtas oversight and approval is an incredible centralisation of power. A very significant part of the planning process is proposed under this, and to not have that Oireachtas oversight is a huge overreach. This is, in effect, the equivalent of secondary legislation but it is what would often be done in primary legislation. I can see a rationale for needing to do it in some of these areas. However, to have Oireachtas oversight and requiring Oireachtas approval would give it democratic legitimacy rather than it being effectively in the hands of one person. Given what we have been through in planning in this country and the concerns of the Mahon tribunal in respect of the extensive powers of the Minister, to remove and not have Oireachtas oversight is highly problematic.