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)
Eoin Ó Broin (Dublin Mid West, Sinn Fein) | Oireachtas source
That is fine but I would like the Minister of State to address the specific part of my question, which is on where there is no agreement. Section 29(5) sets out that if agreement is not reached between a regional assembly and a local authority under subsection (4), in accordance with the process set out, the Minister may direct the local authority to co-operate with the regional assembly on such terms as are specified in the direction. Subsection (6) states a local authority shall comply with a direction made by the Minister under subsection (5). Subsection (7) states the provision of assistance under subsection (4) shall include the provision of reasonable financial assistance, services of staff, accommodation and any other assistance that may be required. The problem with that setup is that a local authority may have a very good reason for being unable to provide the requested financial assistance or services of staff. For example, if it has difficulty fulfilling obligations regarding recent increased sanctions or is undertaking work of its own, the consequence of its responding to the direction of the Minister could be robbing Peter to pay Paul and slowing down work elsewhere. I am expressing some concern, not that the local authority should not provide what resources are necessary but that there is a problem if the overall pool of resources from central government is not sufficient in the first place.
On section 29(1), why is it that the Minister only "may" do things while bodies under the Minister "shall" do things? Ultimately, the same set of obligations should apply to whoever is undertaking the planning.
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