James Breen (Clare, Independent)

Anything that will help to progress the delivery of infrastructure is to be welcomed but I do not believe this Bill is the means by which it will be achieved. That said, certain aspects of the Bill are welcome. I refer in particular to the stipulation whereby non-compliance by developers with planning conditions previously imposed will result in future planning refusals. This clause has been sought for years and its inclusion in the Bill is a step in the right direction.

Part of the problem with the Bill is that it is perceived to be driven by IBEC and the chambers of commerce at the expense of participation by the general public in the planning process. Not enough has been done to try to allay these fears. The fears of the public are understandable given the increased powers awarded to An Bord Pleanála. Currently that body is the only appeals mechanism within the planning process outside redress to the courts. Consequently, to grant sole adjudication on planning matters to An Bord Pleanála or a strategic infrastructure division and thereby remove the appeals division of the board is disquieting and will result in more cases going to court and an even greater slowing down of the planning process.

At present, confidence in An Bord Pleanála is extremely low, particularly in County Clare, due to a lack of transparency in decision making and confusion regarding the criteria used to arrive at planning decisions. I refer again to a recent planning application made by the ESB for the construction of a telecommunications mast at its site on the Rocky Road in Ennis. This site is within a couple of hundred yards of St. Flannan's secondary school, Éire Óg GAA club, several residential housing estates, Cahercalla community hospital and hospice, and the proposed site for the new Ennis national primary school.

I praise Clare County Council for refusing the planning application, given the proximity of the mast to all these institutions. Following an appeal to An Bord Pleanála, an inspector from the board, having examined all aspects of the application, recommended upholding the county council's decision. However, the board reversed the decision stating that to refuse the application would not be in line with Government policy on telecommunications. It is difficult to understand how this policy is more important than the health of school children, the old, the sick and young families. Small wonder the people of Clare have lost faith in An Bord Pleanála.

Last week, permission for a second such mast close to Knockanean national school was granted by An Bord Pleanála on the grounds that the other application was successful. This is nothing short of perverse. Decisions such as these are in danger of becoming more common if the Bill is enacted as the initial assenting authority, the county council, will effectively be removed from the decision making process. More importantly, the Bill will give An Bord Pleanála the power to decide on applications as it wishes, as long as they comply with proper procedures, not necessarily logic, so that its decisions cannot be reversed by means of a judicial review.

Members who spoke in support of the Bill stated that delays in the provision of infrastructure previously caused through reverting to the courts would essentially be eradicated by the introduction of the Bill. However, serious delays are not caused solely by the courts system. The National Roads Authority, NRA, has played a significant part in such delays. Approximately 12 years ago an initial design for the construction of a new N85 route, from Ennis to Ennistymon, was forwarded to the NRA. Various excuses have been given to rationalise the inordinate delays in advancing the development of the route. To date, nothing has been done, not even an announcement on the exact route the road will take.

Landowners in the area have been refused planning permission for development by Clare County Council on the basis that their applications were premature. If this Bill eliminates such delay, I will welcome it with open arms. Shannon Airport, which was recently cut off and left to fend for itself needs the immediate improvement of all infrastructure in the mid-west, especially road and rail, if it is to deliver successfully on its potential.

Another worrying feature of the Bill is that it empowers the strategic information board to meet and gain further information from any planning applicant but, in such cases, there is no obligation on An Bord Pleanála to meet objectors. Surely this flies in the face of so-called transparency, an ideal the Government continually promotes. While I accept that any such meetings with applicants will be minuted, there is a justifiable fear that these meetings will be seen as a possibility for private negotiation in the absence of a third party or objector. Again this is something that should be addressed immediately.

There is also the possibility that pressure will be put on the board to intervene between planning applicants and objectors in a mediation role. The granting of powers to do this is foolish and would merely serve to delay the process even further. It is time the Government grasped the opportunity available to it and created a department of infrastructural development, dedicated to the provision of proper planning and the delivery of schools, housing developments, community centres, child care facilities, Garda stations and local GP facilities. A visionary comprehensive approach to these issues will have the long-term effect of reducing crime, drug use, eliminating accident and emergency unit problems and providing proper educational facilities in line with EU requirements. Instead we get this Bill into which I can only guess the Taoiseach had an input as participation in the planning process by local government has become purely cosmetic.

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