Oireachtas Joint and Select Committees

Thursday, 7 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)
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This is not about consultation with an Oireachtas joint committee. What Deputies Ó Broin, Gould and Ó Snodaigh are proposing is that for every national planning statement a motion, post its publication but before its adoption, would go to the Dáil and Seanad. Does the motion go for debate? I assume from the examples Deputy Ó Broin made reference to that it would go to debate. In every single national planning statement that any future government brings forward, first it would be a decision by the Government. It is not a law; as Deputy Ó Broin rightly pointed out, it is a combination of policy and guidance. The whole purpose of this and what we are doing in this Bill was to have a clear delineation on what should be followed and where there is discretion.

We have had issues with guidance already, about interpretation across the different planning authorities. The Deputy mentioned height guidelines as well. Look what has happened with that because of different local authorities' interpretation on that. Some would argue where in areas we should go higher that that has not happened and the guidance that has been issued has not been strong enough. The Government and any future Government has the right and is elected to make those decisions with regard to putting forward and deciding on policy.

I understand what Deputy Ó Broin is saying. The Deputy is adding another step to that, which effectively would take the policy decision away from Government and go in front of the Oireachtas on every national planning statement. First, that is not desirable because it would add inefficiencies. Second, it would elongate the process greatly. It could also lead to potential delays in the issuing of national planning statements. That is the element that has already been discussed at length last week.

I have said that I will look at the wording of section 23(6) about engaging with the Oireachtas joint committee. That is valuable. In fairness, we had good public consultation on the sustainable residential development guidelines. Deputy Ó Broin has made the point that those did not come in front of the Oireachtas joint committee. A submission could have been made and the Deputy rightly points that out too. We will look at section 23(6) with regard to the interaction with the Oireachtas joint committee post-publication but I put it to the Deputy that in the case of any future national planning statement that was decided upon by the Government, were one to include this provision, the Oireachtas would be dealing with them all the time. It could lead to indeterminable delays right the way through, further amendments to it that are contrary to Government policy and going back in to both House and back up to the Government for further changes. One could be tying the planning system, potentially, from a policy perspective, creating further delays. The Oireachtas joint committee interaction piece is something I am serious about looking at.