Oireachtas Joint and Select Committees

Tuesday, 20 February 2024

Select Committee on Housing, Planning and Local Government

Planning and Development Bill 2023: Committee Stage (Resumed)

Photo of Paul McAuliffePaul McAuliffe (Dublin North West, Fianna Fail)
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I am reluctant to get involved in what is essentially a political debate between the Minister of State and the Opposition. On a number of occasions Deputy Ó Broin has characterised the way in which those who support the Government in the House prosecute or pursue an argument they may have in regard to the Planning Regulator or elsewhere. It is important for us to reflect on the Constitution. The Government is made up of the members of Cabinet. It does not include the Members of the Dáil who support or vote for that Cabinet. In fact the word "Cabinet" is foreign to the Irish Constitution. The correct term in the Irish context is "Government".

The idea that a decision of 15 people could not be disagreed with by other Members of the Oireachtas simply by virtue of the fact they are in the same political grouping would be a significant restriction on the right of any Member to speak on an issue. Equally, by us voting in favour of the nominations of Ministers and, ultimately, for Bills that come before the House, we demonstrate our confidence in the Government. This is a very different thing from us having to speak with one voice.

I would be quite concerned if it were a political ambition of any political party that a number of key people at the top could make a decision and that every other Member of the Oireachtas affiliated with that political party would have to speak with that same voice. There can often be very healthy debate when Members of the Oireachtas who support the Government disagree with their own Ministers. In fact, it can often prompt change and a shift in Government policy. I object to the way in which Deputy Ó Broin has characterised Oireachtas Members and their right to speak and the suggestion that it should in some way be limited. This is an entirely separate matter to what is proposed and the Minister of State's response to it.

I have some sympathy with the Minister of State's response when he says the Government majority clearly would support it. Given that it has been mentioned on three or four occasions in the debate, I have to speak on the idea that Members of the Oireachtas should be limited in some way merely because they vote in favour of a Government. A Member of the Oireachtas has the right to speak out and have a differing opinion from that of any other Member of the Oireachtas. It is important for us to maintain this.