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

My question relates to section 40(7). I ask for clarification on three areas of the subsection. Section 40(7)(b) reads, "The Minister may require two or more planning authorities to coordinate the development plans for their functional areas generally or in respect of specified matters and in a manner specified by the Minister." I am interested to know what the intention and scope of this is. I can imagine City Edge would be a good example of it, but I ask the Minister of State to give us a little bit more detail on what is hoped to be achieved by this.

The next paragraph, (c), stipulates “A planning authority shall comply with a requirement”, so I have no query in relation to that. However, section 40(7)(d) goes on to state, "Any dispute between the planning authorities in question arising out of the requirement under paragraph (b) shall be determined by the Minister." I am interested to know against what criteria, to what scope or to what end such decisions would be made.

Paragraph (e) in subsection (7) reads, "Where a planning authority fails to comply with a requirement made of it under paragraph (b), the Minister may apply to the High Court for an order directing the planning authority to comply with the requirement." That is quite unusual. All the other directions we are dealing with in the legislation are just directions by the Minister. Why the High Court? What is the reason for that? Is that just the way things have been done until now? Is it an existing practice? Is it something new? Why is it that we have this area of a High Court-secured direction as opposed to a standard ministerial direction?

These are just questions for clarification. I may have follow-up questions depending on the answers, but I am not looking to debate these.