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

Amendment No. 527 relates to section 65, which deals with an urgent direction requiring a chief executive to vary development plans. I have two issues with this. The first is the level of discretion afforded to the Minister and the Government in deciding what sort of event or situation would justify giving the Minister the power to issue an urgent direction. The wording is not well defined. It refers to the Minister being satisfied that "an event or situation with significant national, regional or strategic implications has occurred or is likely to occur". It is quite broad and sweeping in terms of how a Minister might decide to exercise that or not. That is why I am seeking for the Bill to provide that the Minister would issue a "draft urgent direction", rather than an "urgent direction".

The second issue is that section 65(4) seems to empower the chief executive to vary the development plan without recourse to, or oversight or input from, the elected members. Will the Minister address that point? Is there any provision in this for a role for the elected members or is it simply that the Minister can issue an urgent direction, the chief executive replies and that is the end of the process, without input from democratic structures? It is laid before each House of the Oireachtas by the Minister within three working days of the direction being issued but that seems to be it in terms of oversight. I am concerned about that aspect of it.