Jerry Cowley (Mayo, Independent)

I thank the Minister for his clear reply. He stated, the "guidelines have a statutory basis as they were issued under section 28 of the Planning and Development Act 2000 which requires planning authorities and An Bord Pleanála to have regard to the guidelines in the performance of their planning functions." With respect, that is the rock on which they perish. "To have regard to" is a meaningless term which has already been tested in the courts. A case was taken against Meath County Council for not enforcing the guidelines. The difficulty is there is no binding requirement.

Local authorities have no right to inquire about blood lines, as they are doing in establishing the right of a person to live in a particular area. Great confusion has been created. Even though the Minister stated the guidelines have a statutory basis, there is no adherence to them. In west and north County Mayo in particular where the population has declined by 1,100, the number of one-off houses in the countryside is one third of the total, yet the percentage of planning permissions has fallen to 22% when it should be 33% to sustain one-off rural housing. People are being asked intrusive questions they should not be asked, especially given that the area is in serious decline and there is no pressure on land. The census figures which are due should confirm this state of affairs. I am aware of returning emigrants who have gone home because of the guidelines.

A similar situation pertains to the road safety regulations which the Minister left to the local authorities to enforce. They do not enforce them and they are resisting them. I tabled a question on this matter but it was not accepted. The Minister is aware of the situation and I know he is concerned about it. I received an e-mail from him confirming a telephone call he had with Mr. Tommy Gallagher about his concerns with the lack of enforcement of the regulations following the death of his daughter, Aisling. The death of another girl in Donegal was also due to loose chippings, purely because these statutory regulations are not being enforced.

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