Fergus O'Dowd (Louth, Fine Gael)

Deputy Cuffe and other speakers referred to the important issue of how An Bord Pleanála is seen to perform its duties. It is acceptable for the board to agree with an inspector's report and this is a transparent and open procedure. However in the case where the board disagrees with the inspector, my amendment and that of Deputy Cuffe require the board to recite the reasons for its disagreement with the inspector. In the interests of transparency, the board should refute each of the arguments favoured by the inspector if it disagrees with them. The board should outline the arguments. A counter argument to that proposal is that this might lead to judicial review of the decisions being made.

It is important to have transparency and openness in the planning system. Notices are published in the newspapers and there is local access to the information. The view of the local authority is expressed through a report from the county manager and the views of the elected members and the inspector. This amendment is an attempt to make the decision more transparent.

The strategic infrastructure board is required to meet and may decide to go to the full board before a decision is made. If the strategic infrastructure board is of the same view with regard to section 37(A) and grants an application, the chairman may use his power to call a meeting of the full board. It is then not known what has occurred at the meeting of the strategic infrastructure board. In the interests of transparency, the debate and the issues raised at the meeting should be recorded and this is proposed in my amendment No. 40.

I have been informed that currently the full board publishes its decisions but not the minutes of the meeting which are available under the freedom of information legislation. In the interests of transparency, all the information the board uses to come to a decision, including the minutes of the meeting, should be published. An Bord Pleanála had a number of meetings on the issue of the proposed incinerator on the borders of counties Louth and Meath, but we do not have access to the arguments put forward at those meetings. These amendments will make the decision-making process more transparent. I await the Minister's comments on the amendments.

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