Michael Ring (Mayo, Fine Gael)

I will come into the House and withdraw the charge when the NRA explains why it objected to this young couple's application but had no difficulty with that of the garage. If the NRA can provide a reasonable justification, I will offer an apology in this Chamber. I will not retract my statement now, however, because what took place is wrong and I want to know why it was done.

It is to be hoped the Bill may be useful in regard to the development of quarries. I am aware of situations in Ballina and Swinford where the best the Minister could tell people who objected to such developments was to get independent legal advice. How can we expect an individual to take on big business and why should they have to do so? A system should be in place to accommodate objections and observations in such cases. Every local authority is supposed to have an enforcement section. I do not see it working. The Ombudsman, a number of years ago, pointed out that enforcement was very much needed but the only people who local authorities attack are small individuals who perhaps add a small extension to their houses. When such people are caught, they are threatened with court proceedings. However, local authorities do not deal in the same way with big businesses or quarry operations. This must be dealt with in legislation if we are serious about this Bill. We must also deal with existing legislation in this area.

The Government and the Minister have spoken about the need to get crucial infrastructure through the planning process. However, we already have what is probably the greatest piece of infrastructure in this country, namely our railways. Despite this, Iarnród Éireann, which runs the rail network on behalf of the State, has not managed to maintain its contract with the Guinness group and is losing much of the business it has. The Guinness barrels that were once transported by rail are now transported throughout the country by road, despite the fact that the roads are already in crisis because of congestion. Members of the Government lecture us about the importance of fast-tracking critical infrastructure while at the same time we have crucial infrastructure in place that is not being used. No Minister is taking this issue on board and I do not understand that.

Deputy Deenihan, who spoke about local authorities and planning, was quite correct when he said that people were frustrated with the planning process. Two years ago Fianna Fáil and the Minister for the Environment, Heritage and Local Government sent instructions to local authorities which have not been obeyed. The time has now come to give elected representatives an input into the planning process. It is not right that locally elected representatives are blamed for the planning process even though they have no say in it. It is the managers and staff in the planning offices who decide on planning applications.

If we are serious about planning, local authorities and giving power to local government, it is time to put some mechanism in place to give locally elected representatives an opportunity at least to express a view on a planning application submitted to a council. Whether permission will be refused or granted, local representatives should be able to make observations on the application. The situation has gone from one extreme to the other. Power has been taken from local authority members and given to officials with the result that nobody has a say in the process. Something must be done to address this.

I meet people daily who are frustrated with the process. As with the National Roads Authority, they are frustrated with the inconsistency of local authorities. In my constituency, a large house has been built along the shore. Other people have applied for planning permission to build along the shore but have been refused. When they see the house that has been built there, they ask how the owner obtained planning permission. They wonder at the reason for that. I will not put the details on the record of the House because the Ceann Comhairle will stop me, but I can tell anyone, privately, who wants to know why the planning permission was obtained. I can tell people where the owner worked and how he obtained the permission. It is wrong. The same planning rules should apply to everybody. If Joe Soap cannot build on the shore, nobody else should be allowed to either.

Inconsistency is the main problem with the planning process. A person applies for planning permission but is refused. Six months later, another person applies for permission for a nearby site and is granted permission. That is what creates problems. This Government will have to examine the area of one-off houses and do something with the planning system.

People who had to leave this country when times were hard are coming home and seeking permission to build a house on their own land but are being refused. If farmers want to sell a site to educate their children, they should be given permission to do so. They should be able to sell an asset if they so wish. The Government and the European Union have destroyed farming and pushed people, including farmers, off the land. The only asset farmers have is their land but they cannot even sell sites to others to build a number of houses to educate their families or provide themselves with a few euro to live, given that the agriculture sector in this country has been destroyed. Increasing numbers of people are leaving the land because they cannot make a living from it.

We must have clear instructions on who can build in this country. Young people are not asking the State for something for nothing. They are not asking the State to buy a site or build a house for them. All they ask for is an assurance that if they buy a site, they will obtain planning permission easily.

I spoke to a lady a number of days ago who was very frustrated with the system. She has three children and is expecting a fourth. Her planner had two pre-planning meetings with the local council and submitted a planning application. The council sought further information and by the time all of the required work was done, the process had cost the woman €10,500. Last week planning permission was refused, despite the fact that two pre-planning meetings were held and €10,500 was spent. She was not asking the State for anything. All she wanted was to build a house for her family. She is from the local area and did not come from elsewhere. She is frustrated and upset but she does not blame the planners. She blames the politicians because they are the people who are elected and expected to do something for local people. She was not looking for something for nothing or for favours. All she wanted was to build a house on her own land. It is wrong that she cannot do so and something will have to be done with this issue.

Deputy Deenihan referred to section 4 motions. I was a member of a local authority for many years. I do not like section 4 motions and I do not want to see their use returning. However, today's councillors are becoming increasingly frustrated and will start tabling section 4 motions which will result in bad planning . Powerful people will again be able to exert pressure on councillors to table such motions. I would prefer to see a situation where councillors work with planners and local authorities to develop a fairer system so that people are given an opportunity to build and find it easy to obtain planning permission.

People are getting frustrated and upset. I assure the Minister that they will become more vocal between now and May of next year. Two years ago, people filled halls throughout my constituency and I can see that happening again soon. People are frustrated with the planning process. They want to see something done to make the procedure easier. I am not saying that we should allow people to destroy the countryside by building in every corner and scenic spot. However, I have seen planning permission being refused for sites that one would wonder at anybody wanting to live on. Nonetheless, that is their business and perhaps it is the only land they have or can afford. The site might be their only opportunity to build a house and it is wrong that they are pushed aside and not given a chance to set up a home for their families.

We must strengthen the existing planning laws rather than introducing this Bill, which will bring about more development. Of course, we are all in favour of development and of badly needed roads, but we do not want a situation where people who have genuine concerns are not given an opportunity to object. We cannot expect the ordinary citizen to be able to take on the State, local authorities, the National Roads Authority or the Government, to hire lawyers and to go court. However, that will happen because people will be forced to do so to protect their land, themselves, their families and their homes.

We want to see the development of critical infrastructure in a timely manner. We have seen road projects held up by snails. In my constituency, a development at Moore Hall is being held up because of the discovery of a species of bat that has not been seen for approximately 100 years. The bat is holding up the entire development process. That kind of ridiculous situation must be dealt with. There must be a way of protecting an animal without halting an entire development.

We do not want a situation where people who have genuine concerns or complaints are left feeling that they cannot raise objections or do anything to halt a development. We cannot allow the Government to decide that a development is critical infrastructure and then ensure that developers, builders or landowners get planning permission and get paid quickly while people who are concerned about their own rights, homes and families have no way to object or do not have the resources to do so. We must be careful how we deal with this legislation, it would be wrong if we did nothing to ensure these people are protected. The planning laws are creating problems and people are frustrated. We are taking powers from elected representatives and handing them to managers and now to An Bord Pleanála. Responsibility has been handed over to bodies like the National Roads Authority and the Health Service Executive and now An Bord Pleanála will be responsible and elected representatives will not be able to observe, object or support. That is wrong. What now happens when we table a parliamentary question? The Minister tells us he or she has no responsibility. We have a responsibility because we are elected to this House; we are the legislators. The Minister of the day is responsible. If we ask a question it should be answered in the House.

We should not be frustrated as we are now by the system. The time has come to give power back to elected representatives. Power comes with responsibility and if elected representatives break the law they should be dealt with, without tribunals going on for years, costing a fortune. We are no further along with them than we were five years ago. We must legislate to ensure elected representatives who break the law are dealt with swiftly. I am not happy about the removal of powers from elected representatives by the nanny State and the dictatorship in this country. The powers are being taken away from the people and the dictators are dictating on a daily basis. That is dangerous and the people will respond next May. They are waiting to speak and they will do so loudly and clearly at the next general election.

Something must be done about the planning process because people are sick and tired of what is going on. People work hard, they do not ask the State for anything, they apply for planning permission and they are frustrated for nine or ten weeks. After going through that process to find that they might be refused is even more frustrating and costs people money. Something must be done.

See this speech in context