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

No, I am sorry, we absolutely are talking about it. This is an enforcement mechanism. It is a mechanism by which a Minister can force or enforce a national planning policy statement onto a local authority that is resistant to that change. This is what this is outlining. What we have is a process by which a direction is being issued, in this case to local planning authorities. The power to issue the direction in the legislation lies with the Minister. The Mahon tribunal recommended that such powers should be with the regulator.

I am asking if this is ultimately a political decision. I do so because of a concern I have. I have already recorded the fact that I welcome the decision of the Government and that which preceded it to act on the proposed directions by the Planning Regulator in all but one case. I am sceptical as to why it did not do so in that one case. All the others were acted on. What about a scenario where a Government, for political reasons, refuses to issue such a direction? What if a Government were to continually and repeatedly disregard the advice of the Planning Regulator, in clear breach of Government policy, for political expediency, that lovely word again?

This is not a fanciful scenario I am speaking of because this is what used to happen. It does not happen now, thankfully, and has not done so for quite some time. What would happen, however, if two local authorities were in a stand-off over the location of an out-of-town shopping centre, for example? Heaven forbid such a thing were to happen. What would happen if the Minister of the day were to come under pressure from political colleagues from the local authority that wanted the out-of-town shopping centre, despite the fact it was contrary to good policy? What would happen if in the run-up to an election a Minister were to decide not to issue a direction? This has not happened in the dispute between Cork City Council and Cork County Council, and I very much welcome this. This could happen, though, under the way in which this legislation has been set out.

In the context of legislation, we must ensure that not only are proper procedures in place for when people abide by the rules but also to prevent people breaking the rules. This legislation is creating a situation where what I just described could happen in a different political context in respect of the dispute ongoing between Cork City Council and Cork County Council over the out-of-town shopping centre, which is in direct contravention of the Government's transport, climate and retail policies. I do not think there is an appreciation of the depth of what is being done here, the extent to which it is at variance from the report of the Mahon tribunal and why this matters. Again, the Mahon tribunal did not make the recommendation in this regard for no reason. If I am correct and if at some point in the future the scenario I described were to transpire - I am entirely happy to accept that I may not be correct and events will prove me wrong, and I would be happy enough if that were to happen - the Government will not be able to say it was not warned. It will not be possible for it to say it was told not to take this course of action because it is the wrong one.