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

I would like to add to the comments that have been made about the former committee member, Deputy Emer Higgins, who is now a Minister of State. She certainly made a good contribution to this committee.

I believe amendment No. 674 strengthens this section. It moves away from arbitrary criteria like one year or ten members to much more important criteria. For example, it includes that the organisation would be not for profit. If we are concerned about bogus entities pretending to be environmental NGOs having other aims or goals, which we have seen evidence of, with people trying to profiteer and exploit the planning system, having it be not for profit is an important criterion and would exclude those bogus for-profit actors who have been abusing the planning system. That is stronger wording than what the Minister is proposing here.

The suggestion in the amendment is not just that the "constitution includes objects that relate to the promotion of environmental protection of relevance to the appeal", and not just the wording "that has pursued those objects for a period of not less than one year", but more importantly includes, "that can substantiate reasonably that it pursues such objects". There could be an excellent environmental NGO with eight people with much expertise. It could have much greater expertise than an environmental NGO that might have 100 or 200 members. To arbitrarily exclude eight people who are experts who are working together under this wording seems to be very blunt. It seems to be a focus on the legitimacy of an organisation based purely on quantity of membership rather than the quality of it. I get that we cannot assess the quality of legislative provisions, but we are kidding ourselves if we think that somehow an organisation of ten has a substantive difference from one of nine or eight. If ten people are working together, who qualify for this and have huge environmental expertise and experience over decades, then as happens in organisations, there could be a row or disagreement, one or two of them could leave, and all of a sudden under this legislation, they are gone. I know they could replace themselves.

There is a division to go to. I have a final point before we go to that.