Seán Haughey (Dublin North Central, Fianna Fail)

This Bill facilitates local authorities in refusing planning permission to developers who do not finish housing estates properly. The Bill provides that it is the developer rather than the local authority who must go to the High Court. The Bill will also allow residents of a new housing estate to sue the developers when their estates are left unfinished.

The Bill is effectively amending the Planning and Development Act 2000, a major Act which strengthened considerably the law in this area. Nevertheless, it is time to review its provisions. This Private Members' debate has facilitated a very constructive discussion. I commend Deputy Gilmore in that regard.

It is interesting that, under existing law, a local authority has not refused to give planning permission to a developer owing to his not having finished another estate for which planning permission was granted, as is evidenced from the fact that no local authority has gone to the High Court with the aim or refusing a permission.

All of us in public life have first-hand experience of this problem. We have all witnessed the frustration of new householders over substandard roads and footpaths, unfinished walls and fences, and greens and open spaces that cannot be mown or used in any way. We have all experienced problems associated with defective sewers and drains. When I was first elected to the local authority in Dublin in 1985, these were major issues for me. My biggest files are those dealing with unfinished estates. This is not so much a problem today because most of the estates in my constituency have been built. Nevertheless, I recognise that it is a very serious problem in the greater Dublin area generally and throughout the country. A record 80,000 units were built last year and therefore there is obviously a problem that needs to be addressed.

The legal implications of this Bill need to be teased out. I welcome the statement by the Minister last night that he would consult the Attorney General on these matters. I look forward to the outcome of this discussion.

We need to focus on the role of local authorities in planning and development. It is obvious to me and everybody else in this House that local authorities are very slow to take legal action and initiate enforcement proceedings. One must ask whether they have sufficient resources to carry out their functions under the Planning and Development Act 2000. I know the Minister is concerned about this. I welcomed his comment last night to the effect that he would like to examine the matter further to ensure local authorities fulfil their obligations under existing legislation.

There is no doubt that builders are doing well at present. Government policy is to increase the supply of housing. In 2004, 76,954 units were constructed. All of us, particularly new householders, expect fair play from builders given that they are doing well and building many houses. I am not sure we are experiencing such fair play.

I welcome the Minister's comment last night that "the primary responsibility to build good developments and finish them to a high standard rests with developers". I welcome the call by the Minister on the Construction Industry Federation to lead on this point, keep raising standards and ensure that its members stick to them. Government must also take significant action. I welcome this constructive debate and hope these initiatives can be considered and implemented in the fullness of time, following legal advice.

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