Ms Attracta U? Bhroin:

This is a welcome question, especially in light of the recent development where we saw an important investigation by the OPR into certain systems and procedures within An Bord Pleanála. One of our concerns regarding this Bill is that one of the problems we have had with the current situation is that An Bord Pleanála was left as Paddy last of all the local authorities in terms of the review. It would be helpful if the OPR was obligated to review An Bord Pleanála and to provide information and independent oversight on this and feedback, to this committee for example.

Additionally, there is concern regarding the handling of complaints. There are specific provisions concerning a person having to have an interest in a complaint. I think we could have a very civic-minded person in this regard. In one of the earlier sessions, I think the Deputy referred to a complaint made by Mr. Frank McDonald. He would not have an interest in the complaint and there would be an issue in respect of proceeding with such a complaint under these proposals. There is also merit in having an appeal in this regard.

It is also worth bearing in mind, harking back to judicial review, that any of the decisions of the planning regulator would now fall under section 249(1) of this proposed legislation. In this context, undertakings in this regard would be subject to an eight-week judicial review window, and all the other constraints now associated with judicial review. The requirements, therefore, are moving from a three-month window to a much tighter and more constrained timeframe. There is a great deal in this respect concerning a role for the OPR, so we must ensure we do not end up in the situation with deficient resources-----