Oireachtas Joint and Select Committees

Tuesday, 19 March 2024

Select Committee on Housing, Planning and Local Government

Planning and Development Bill 2023: Committee Stage (Resumed)

Photo of Malcolm NoonanMalcolm Noonan (Carlow-Kilkenny, Green Party) | Oireachtas source

I will address amendments Nos. 228 and 231, tabled by Deputies Ó Broin, Gould and Ó Snodaigh, and amendment No. 235, tabled by Deputies O’Callaghan and Ó Cathasaigh, which relate to regional spatial and economic strategies.

Amendments No. 228 and 231 seek to amend section 26 to include an objective in a strategy supporting the viability of any Gaeltacht communities within its region, to strengthen the use of Irish language within that region, and to provide that the strategy may also be in accordance with language plans agreed in accordance with the Gaeltacht Act 2012. Amendment No. 235 seeks to provide that, for specified areas covered by a regional spatial and economic strategy, the strategy must be materially consistent with any relevant language plan agreed, pursuant to Gaeltacht Act 2012, for those specified areas.

Section 26 requires that the objectives of regional spatial and economic strategy must support the implementation of, and be materially consistent with, the national planning framework. In this context, the language planning process established under the Gaeltacht Act 2012 is supported by the current national planning framework of 2018, especially national policy objective 29, which aims to, “Support the implementation of language plans in Gaeltacht Language Planning Areas, Gaeltacht Service Towns and Irish Language Networks.” The strategy recognises the strong connection to Gaeltacht areas as places to live, work and visit.

The NPF states that Irish as a community language is an important cornerstone in the building of a bilingual society in Ireland, and areas where the Irish language is a community language provide an environment where the language can evolve naturally in a modern setting. The NPF sets out a high-level strategy for the planning and development of Ireland up to 2040.

Regional strategies and development plans adopted by planning authorities are required to be consistent with the NPF, where appropriate. Since 2018, the three regional assemblies have adopted regional spatial and economic strategies, and the majority of city and county development plans have been reviewed and are adjudged to be consistent with the NPF. A revision of the current national planning framework is being progressed. This will include public consultation and will allow for submissions to be made regarding the need for new or additional matters relating to Gaeltacht areas. For these reasons, I am unable to accept these amendments.

Amendments Nos. 237, 242, 246 to 248, inclusive, 252 and 254 seek to amend section 27 of the Bill which sets out the content of a regional spatial and economic strategy. Importantly, under the current draft of the Bill, provision must be made for the protection of the linguistic and cultural heritage of the Gaeltacht.

Amendment No. 237 seeks to require that a regional spatial and economic strategy, where the region includes a specified Gaeltacht area, must make provision for a strategy relating to the promotion and use of the Irish language of the community, consistent with any relevant language plan agreed pursuant to the Gaeltacht Act 2012.

Amendment No. 242 seeks to extend section 27 to also include that provision be made for the use of Irish within specified Gaeltacht areas and their economic, social and infrastructural development in co-ordination with Údarás na Gaeltachta or Foras na Gaeilge, as appropriate, and support for the implementation of language plans in accordance with the Gaeltacht Act 2012.

I consider the existing text, requiring that provision must be made for the protection of the linguistic and cultural heritage of the Gaeltacht in a regional spatial and economic strategy, is sufficiently and purposely broad to enable regional assemblies to consider the matters the proposed amendments intend to provide for. This must be done by having regard to the national policy objective 29 in the national planning framework.

Amendment No. 246 seeks to provide that the strategy relating to economic matters that must be provided for in a regional spatial and economic strategy must also set out proposals for supporting the work of Údarás na Gaeltachta to augment the economic performance of Gaeltacht communities and ensure employment opportunities for Irish speakers within the Gaeltacht.

Amendments Nos. 247 and 248 seek to provide that a regional spatial and economic strategy must include a statement confirming that the strategy is materially consistent with any relevant language plans relevant to the area. Amendment No. 252 seeks to provide that where a part of the metropolitan area of a city or a key town falls within a Gaeltacht language planning area or is designated as a Gaeltacht service town, the relevant regional spatial and economic strategy shall respect the need to protect the use of Irish therein and the viability of the relevant Gaeltacht community.

The existing provisions of the Bill require that a strategy relating to economic matters identifies regional strengths and opportunities having regard to economic and employment trends. The strategy must also identify the regional attributes that are essential to enhancing regional economic performance, including the quality of the environment, cities, towns and rural areas, the physical infrastructure, and the social, community and cultural facilities. The strategy will set out proposals to maintain or augment these attributes in such a manner as will be implemented under the strategy through public bodies, private sector investment and the community, and identify the means of maintaining and augmenting overall regional economic performance in accordance with national economic policy.

I consider that the existing provisions do not preclude the identification of the matters that the proposed amendments seek to provide for in the economic strategy, especially having regard to the national policy objective 29. As I have mentioned, the revision of the national planning framework is currently under way, with public consultations and opportunities to submit observations and recommendations on the need for new or additional matters relating to Gaeltacht areas will be available. For these reasons, I am unable to accept these amendments.

Amendment No. 254 seeks to amend section 27 of the Bill that states a regional spatial and economic strategy, and a metropolitan area strategic plan within such a strategy, must include measures for the effective implementation and monitoring of the strategy and the plan, including an indication of priorities for infrastructure of scale relating to transportation, water services, waste management, energy and communications networks and the provision of educational, healthcare, retail, cultural and recreational facilities. Amendment No. 254 seeks to amend the current provision to include Irish language facilities also.

I will ask my officials to consider this matter further and to consult with the Parliamentary Counsel to determine if this is a workable approach. If appropriate, I may then bring forward amendments on Report Stage.

I will address amendments Nos. 256, 257, 259, 262 and 273, as tabled jointly by Deputies Ó Broin, Gould and Ó Snodaigh, and amendments Nos. 255, 258, 261, 263, 264 and 274, as jointly tabled by Deputies O’Callaghan and Ó Cathasaigh.

The amendments concern sections 28 to 32, inclusive, setting out procedures for carrying out a review of regional spatial and economic strategy, the carrying out of consultation in respect of a new or revised strategy, the process for the preparation or revision of a strategy, the process for the material alteration of a draft strategy and the process for publication of a strategy. Amendment No. 255 seeks to provide that, where the region includes a specified Gaeltacht area, the review must ensure the strategy is materially consistent with any relevant language plan.

Amendments Nos. 256 and 257 intend to provide that the regional assembly carrying out a review must ensure the strategy for its region is materially consistent with, and takes account of, any relevant language plans agreed in accordance with the Gaeltacht Act 2012 for any specified Gaeltacht area.

As I have already outlined, section 28 provides that the regional spatial and economic strategy must be consistent with the national planning framework. The language planning process established under the Gaeltacht Act 2012 is also supported by the current national planning framework, particularly the national planning objective 29, and the review of the NPF will include consideration of the new or additional matters relating to Gaeltacht areas where they apply to strategic spatial planning policy beyond those already referenced in the current NPF. For these reasons I am unable to accept these amendments.

Amendment No. 258 relates to the procedures for undertaking consultation on the preparation of a new or revised regional spatial and economic strategy under section 29. It provides that where a strategy includes a specified Gaeltacht area, the Department for the Gaeltacht, Údarás na Gaeltachta and Foras na Gaeilge must be consulted.

Amendment No. 259 requires a regional assembly, before making or revising a strategy, to consult board members of Údarás na Gaeltachta, Foras na Gaeilge, the Minister responsible for the Gaeltacht, Oifig an Choimisinéara Teanga and the language planning officer within the regions.

Amendments Nos. 261, 262 and 264 will require that, when preparing a draft regional spatial and economic strategy or a draft revision of an existing strategy, the regional assembly must ensure the draft is materially consistent with any language plans agreed in accordance with the Gaeltacht Act 2012 relevant to a specified Gaeltacht area within the region. The draft must also take account of the use of Irish within such areas and their social, economic and infrastructural development in co-ordination with Údarás na Gaeltachta or Foras Na Gaeilge, as appropriate. The drafts must support implementation of language plans agreed in accordance with the Gaeltacht Act 2012.

Amendment No. 263 seeks to provide that where a strategy affects specified Gaeltacht areas, the regional assembly must take into account the need to protect the linguistic and cultural heritage of the Irish language in Gaeltacht communities, including the promotion of Irish as the community language, specifically for supporting the implementation of language plans.

Section 30 provides that a draft regional spatial and economic strategy must be consistent with the national planning framework. As I mentioned, the language planning process established under the Gaeltacht Act 2012 is supported by the national planning framework, especially the national policy objective 29. Any review of the national planning framework will include consideration of new or additional matters relating to Gaeltacht areas where they apply to strategic spatial planning policy beyond those already referenced in the current NPF. For these reasons, I am unable to accept these amendments.

Amendments Nos. 273 and 274 will require that a notice, or the making of a revision of a strategy, must be sent by the regional assembly to board members of Údarás na Gaeltachta, Foras na Gaeilge, the Minister responsible for the Gaeltacht, Oifig an Choimisinéara Teanga and any language planning officers within the region.

Section 29 provides that a regional assembly can consult other Ministers or the Government, other regional assemblies and other public bodies and such other persons as may be prescribed. Such consultees must subsequently receive the notice of making or revision of the strategy. I am satisfied the current provisions are adequate and that the listing of additional State bodies is not required. For this reason, I am unable to accept these amendments.

I now address amendments Nos. 281, 284, 287, 289 and 293, as tabled jointly by Deputies Ó Broin, Gould and Ó Snodaigh, and amendments Nos. 280, 283, 286, 288 and 292, as jointly tabled by Deputies O'Callaghan and Ó Cathasaigh. Section 36 requires the Office of the Planning Regulator to assess whether a new, revised or amended regional spatial and economic strategy is consistent with the national planning framework, the national marine planning framework, and national planning policy and measures.

It provides that the Minister of the day or a regional assembly may notify the Office of the Planning Regulator of any provision in the strategy believed to be materially inconsistent with the specified matters.

Amendments Nos. 280 and 281 seek to provide that the Minister or regional assembly can notify the Office of the Planning Regulator where such a strategy is inconsistent with any relevant language plans agreed in accordance with the Gaeltacht Act 2012 for a specified Gaeltacht area.

Amendments Nos. 284 and 287 seek to provide that the Office of the Planning Regulator, while forming its opinion regarding any inconsistency, must consider the relevant language plan.

Amendments Nos. 283 and 286 seek to provide that the Office of the Planning Regulator, for the purpose of forming its opinion where the region includes a specified Gaeltacht area, can consider any inconsistency with a language plan and can form a preliminary view on the basis of an inconsistency with the language plan.

Amendments Nos. 288 and 289 seek to provide for the forming of that opinion with regard to an inconsistency with language plans for the purpose of making a recommendation to the Minister regarding a draft direction. It is important to note that section 36 provides that the assessment of a regional spatial and economic strategy must be consistent with the national planning framework and that the language planning process established under the Gaeltacht Act 2012 is also supported by the current national planning framework, particularly national planning policy objective 29. For this reason I am unable to accept these amendments.

Amendments Nos. 292 and 293 relate to section 37, which provides that on receipt of a direction from the Minister of the day, the Office of the Planning Regulator shall issue a draft direction requiring a regional spatial and economic strategy to implement the amendment and publish the strategy as amended. Amendment No. 292 seeks to provide that where the region includes a specified Gaeltacht area, such notice must be sent to the Department of the Gaeltacht, Údarás na Gaeltachta and Foras na Gaeilge. Amendment No. 293 seeks to provide that the Office of the Planning Regulator must send a copy of a notice concerning the issuing of a draft direction along with the draft direction to board members of Údarás na Gaeltachta and Foras na Gaeilge, the Minister responsible for the Gaeltacht, Oifig an Choimisinéara Teanga and any language planning officers within a given region. I will ask my officials to consider this matter further and, if appropriate, having consulted with the Parliamentary Counsel, I may bring forward amendments on Report Stage.

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