Dáil debates

Thursday, 8 March 2007

Prisons Bill 2006 [Seanad]: Report Stage (Resumed) and Final Stage

 

11:00 am

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)

I move amendment No. 19:

In page 18, between lines 8 and 9, to insert the following:

"(a) An Bord Pleanála,".

This is an amendment to Part 4, which sets out new requirements relating to the construction and extension of prisons. We had a detailed debate on these matters on Committee Stage and the Minister explained that neither of the channels available, that is, going through normal local authority planning nor the processes introduced last year for strategic infrastructure, is appropriate for the planning of prisons. Two major prison developments are envisaged in the immediate future in north County Dublin and Cork. The Minister wants to introduce a regime that would do a number of things, the most important of which is to ensure his proposals are robust enough to be safeguarded against EU scrutiny of their environmental impact. He has incorporated them into this Part.

My concern is that the role of the Department and the Minister in this area is too direct. The Minister will explain that a division of the House will be required to approve a prison development, which will give it the ultimate seal of democracy. However, much is passed in this House without the greatest scrutiny and that pattern is likely to be repeated at least for the next few weeks, as evidenced by the Order of Business. I would like to ensure a development plan for a prison would be examined not only by the Department of Justice, Equality and Law in the context of its requirements and that of the criminal justice system and the Oireachtas, because very few of us are spatial planners or architects, but also by experts in this area. That is why my amendment proposes that An Bord Pleanála should be included in the parties listed under section 20 who will receive the environmental impact assessment.

An Bord Pleanála is the State planning authority and it has a nationwide remit. The current prison development plans relate to two large local authority areas, Cork and Fingal, both of which have reasonably developed planning authorities. Smaller local authorities might have limited planning expertise to deal with a major infrastructural plan and I acknowledge that was considered when this Part was drafted. However, at what point will expert planners be involved in this process?

Under section 19, the Irish Prison Service will appoint a person to prepare an environmental impact assessment. Will the Minister confirm that person will be an employee of a commercial company? Where in this process will an independent planning expert have an input? Where will his or her view be captured? Whatever about the requirements of the criminal justice system regarding prisons and the design issues, where will relevant planning issues such as the location of a prison and the appropriateness of the site and its development be determined? An Bord Pleanála is the only body with that residue of expertise. That is why I ask the Minister to take careful notice of the notion that the board should be included among the parties to receive the environmental impact statement.

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