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

We are speaking specifically about the amendment. I am conscious that Deputy Matthews is absent. We can go back and forth on this. A very high bar has been set here. It is certainly not a diminution of responsibilities for local authority members. I came from a local authority myself and I have a high regard for local authorities and the input local authority members have. That is why the development plan is their reserved function.

We must read paragraphs (a) and (b) of section 65(1) together and look at the bar that is set there. It is not the case that a Minister could just wake up one morning and decide to issue an urgent direction. This would be in extreme cases where it is seen as an absolute imperative for the Government of the day to respond and take action as a matter of urgency for the purpose of dealing with implications, for example, to protect certain elements of strategic importance to the State. It could also be for whatever other reason, but the bar is set very high here.

I respectfully disagree with Deputy Ó Broin's assessment that it is a centralised power grab. It is not that at all. What it is doing is providing for a legal basis, should a threat or an urgent situation develop, so that the Government of the day can respond in the timely and efficient way that would be needed in instances where there could be an urgent matter that would be likely to have serious implications for the State or a region.

Deputy Ó Broin used the example of SHDs. For the record, I abolished SHDs because I believe in a two-stage planning process. This whole Bill is about a plan-led approach. These are provisions that allow the State to respond in an urgent way should a situation arise that warrants it. All of us hope it would not, but it is important that the provision is there for that to happen, should it be required.

I will reflect as well on what Deputy O'Callaghan has said about section 65(4) regarding consultation before an urgent direction is issued. If that was on a local authority basis, in the sense that it just affected one local authority, we would provide for consultation in that regard.

It could be on a regional basis or it could be a national basis but this provision is appropriate and is required in the sense that although it is legally required, one hopes one would rarely, if ever, have to use it. It is prudent it is there and is in place. For those reasons I am not in a position to accept amendment No. 527.