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

I will not take up the same amount of time as the other proposer of this amendment, but I do want to have just a little bit of time to comment on it. The report of the Mahon tribunal states: "the Tribunal is concerned at the extent of the Minister’s powers in the planning system as a whole". As Deputy Ó Broin outlined, the recommendations of the tribunal in this respect are not being followed. In terms of checks and balances, the Minister of State has said there is the provision to consult with the OPR. This is a weak check and balance, however, in comparison with Oireachtas scrutiny. A requirement for Oireachtas approval would be much stronger.

Additionally, the Minister of State also said that the approval of the Cabinet is required. Speaking in practical terms, I refer to the difference between a role for the Oireachtas and a role for Cabinet approval. The Cabinet is the Government. I think "the Cabinet" is a UK term. The Government, however, in terms of its business, its priorities and what it is focusing on, could be dealing with key pressures in the economy, health, housing and other areas. In terms of just basic time and wavelength capacity to scrutinise and look at this type of issue, Government Ministers are not normally going to have the same time or capacity to do this as we would in the Oireachtas or here in this committee. In general, Ministers will also not have the same level of specialisation or expertise as this committee, through our role in the Oireachtas, is able to exercise. We are able to focus in on and concentrate on these matters. I would not, therefore, normally expect Ministers to have the time to give these kinds of directions on planning issues and to vary development plans the same level of scrutiny, in any sense, that the Oireachtas is able to. I think, therefore, this is a very weak check and balance.

I agree with the Minister of State that the need for robust systems is of great importance. I am just putting it to him that the robust systems needed are not here in this legislation. Government approval is a very weak thing. Consultation with the OPR is also very weak in terms of checks and balances. My amendment in this regard would require a resolution from the Houses of the Oireachtas and also that proposals be debated. This is a much stronger form of robust system and I ask that this suggestion be considered.