Oireachtas Joint and Select Committees

Wednesday, 21 February 2024

Select Committee on Housing, Planning and Local Government

Planning and Development Bill 2023: Committee Stage (Resumed)

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

There is also a last bit I want to tease out. Clearly if there is some sort of emergency event or disaster and if this provision covers it then there is a rationale for it. This section of the Bill refers to "an event or situation". This is very broad and there is nothing limiting that. It must have significant national or regional strategic implications but surely a Minister could take a view under this wording that, for example, the traffic congestion in Galway city is very serious and has regional and strategic implications for the growth of economic activity in Galway city. Then, even in the unlikely event of a majority of councillors in Galway city deciding to not progress with the ring road project, the Minister could use that provision in the Bill as a rationale to overturn that decision and say "Let's go ahead". It could go against the wishes of the local population if the Minister decides that this situation has strategic implications. Am I wrong in thinking this wording is that broad? Why are there no qualifications in this wording? Why is it so broad? I am concerned that it is a very significant power for the Minister. The wording and the circumstances around it are very broad and there is no safeguard of Oireachtas scrutiny or a resolution being required. It really is handing a huge power to the Minister with very broad wording around it that could be interpreted in different ways with no Oireachtas scrutiny.

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