Oireachtas Joint and Select Committees

Thursday, 7 March 2024

Select Committee on Housing, Planning and Local Government

Planning and Development Bill 2023: Committee Stage (Resumed)

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

It is worth considering. Obviously, others would have a different view.

The Minister mentioned the sustainable development density guidelines. I think they are a good section 28 guideline. Tll refer to the key point here. There was a lot of discussion with the Department, with architects from the Royal Institute of Architects of Ireland and developers, etc. This committee played no role in that whatsoever. The Oireachtas played no formal role. While we absolutely could have made a submission to a public consultation - some of us may have done so and some others may not have - that said, that is a different matter. That is a really good example of how those statutory guidelines could really have been enhanced by involvement through this process. It would have allowed for greater public awareness and scrutiny. For example, I have had emails from party colleagues around the country who, because they are very suspicious of everything the Government does, are wondering what the problem is with these guidelines. I have been quite happy to tell them that broadly speaking, these are a good set of guidelines that will help in a variety of ways. Given their technical nature, I would have benefited had there been an Oireachtas process not unlike how we benefit from some of these processes, because officials would have come in and talked us through them. Doing that after their publication misses the point.

Finally, the rural planning guidelines are an interesting case. The Minister made reference to the implications for bringing the Oireachtas in on these processes. It can be seen that the rural planning guidelines could be very controversial when they are eventually published after having gathered dust for some many years on whichever Minister of State's desk. Clearly, there will be a lively debate in the Oireachtas about their merits. That would be a good thing and would give greater scrutiny. I say respectfully that my worry is that part of the reason for this procedure is to enable the Government to introduce planning guidelines such as rural guidelines - I may be supportive of what the Government is doing in that regard depending on what it is saying - to avoid any involvement of backbench TDs in Oireachtas scrutiny for fear it might make it difficult for them to pass. We know there significant challenges with the passing of the NPF in the first instance, which is why there ultimately was no vote but that is a debate we have had and I do not want to return to it.

The Minister has stated his position clearly and I do not ask him to come back with respect to the provision proposed in amendment No. 187 at subsection (7)(b)(iv). Notwithstanding that, however, does the Minister not believe that beyond section 24(2), which is very weak because it just says the Minister "may consult" and even if the Oireachtas joint committees were put in there it would still be a "may" and not a "shall", there would be a benefit in having some more robust Oireachtas committee scrutiny procedure? Even if we were not given the right to make amendments could we at least suggest amendments or feed into it? I want to tease the Minister out more on that part of the amendment because it has not been discussed previously and I am genuinely interested in the Minister's thoughts.

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