Oireachtas Joint and Select Committees

Tuesday, 26 March 2024

Select Committee on Housing, Planning and Local Government

Planning and Development Bill 2023: Committee Stage (Resumed)

Photo of Darragh O'BrienDarragh O'Brien (Dublin Fingal, Fianna Fail) | Oireachtas source

I thank members for their contributions. This is balanced. I assure the Deputy that the Bill is not draconian. In no way or shape is there an intention to take councillors out of the process. I point him to section 65(1)(a) and (b) which contain the specific criteria which will be used. Paragraph (b) refers to where "it is necessary for the Government to take action as a matter of urgency for the purposes of dealing with the implications or likely implications of the event or situation concerned". What could that possibly be? It could be a national emergency or another pandemic. It could be giving that power to a future Minister, following consultation, before issuing a direction.

As I said, this refers to a situation in extremis. It certainly does not reach into the development plan process or in any way try to diminish the role of councillors. As I said in response to Deputy O'Callaghan, regarding the consultation piece under subsection (4), it is stated "Before issuing an urgent direction, the Minister shall". I am more than content to be clear as to where the elected members would be.

In early 2020 or 2019, pre-pandemic, there were certain things that this country had to do that we never thought we would have to do because of unforeseen events and a national emergency. There could be a national emergency regarding flooding or whatever else. This section refers to where it may necessary for the Government to take action. I am not being facetious, but this would not be a provision that would be used by a Government stating we need to put a rural cluster in an area in west Cork.

We are talking about where "an event or situation with significant national, regional or strategic implications has occurred". Let us consider what the State had to do post Brexit, for argument's sake, regarding the provision there. This is a measure that I believe is required and is appropriate to be there, allowing a Minister and a government to issue urgent direction, which would only happen in extremis. For clarity, I reiterate that regarding consultation with elected members, unless it is a national plan, if it is specific to a local authority area, before issuing the direction listed there from (4)(a) to (d)-----

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