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

I have one comment, which is that there was a good deal of criticism of the consultation process through the planning forum. The criticism from the IPI, given that it is the key petitioner in the area and represents the public and the private sectors, needs to be listened to. Apart from the IPI, as a formal organisation, I have also heard from planners with a similar view and this sense that they are the petitioners in planning day-to-day but their voice has not been heard. That is regrettable.

I have one comment and a question. On the Minister's comments, what I have seen is that section 5 declarations are generally used in the grey areas around exempted development. Most exempted development is clear in terms of whether or not it conforms with the rules. It tends to be quite black and white. Section 5 tends to be used on the complex grey areas. That can be around areas that are highly controversial. It tends not to be about an extension that is clearly within the parameters allowed under exempted development. People are not going to go to the bother of looking for a section 5 declaration on that if it clearly conforms with what is and is not allowed on an exemption development. It tends to be those cases where it is genuinely difficult for people to know objectively and are looking for clarity. It is either the person who engaged in what they felt in good faith was exempted development, or the wider community. If the wider community raises issues with the planning authority, public representatives or community organisations and asks how come that happened as it did not have planning permission, 90% of the time they are will hear that is exempted development because of A, B and C and it meets with that. That is then the end of the issue. It tends to be on those much more complex grey areas where this kicks in. That needs to be borne in mind.

The information that comes in from public participation can be invaluable and that can come from complex areas. The planners who are making decisions do not always have the knowledge that is in the wider community. It can often be useful and the planners have the skills to be able to verify and consider it to see how relevant it is. On what the Minister was saying, is he making a commitment that he will bring forward new wording on this on Report Stage? If he is, will that new wording restore third-party rights? Is he committing to that now? Will he fix the other issues that he referenced in regard to public participation?