Joanna Tuffy (Dublin Mid West, Labour)

I move amendment No. 27:

In page 36, to delete lines 35 to 38.

This amendment proposes the deletion of subsection (17) of the new section 31 of the Planning and Development Act 2000, as inserted by section 21 of the Bill. The original section 31 allowed the Minister to intervene where he or she has concerns about a particular development plan, allowing him or her to direct the planning authority to amend the plan in order to comply with requirements under the section. The Minister, Deputy Gormley, has used this provision, and there was a similar provision in older planning legislation which the Leas-Cheann Comhairle would have used when he was Minister in order to ensure development took place in accordance with proper planning standards. I have no difficulty with the original section of the principal Act, which functioned as a safety net, or with how the Minister has used it.

However, I have a fundamental difficulty with the new section 31 to be inserted in the Act by way of section 21 of this Bill. In particular, I have a difficulty with the new subsection (17) which I am proposing should be deleted. The Minister should not have interfered with the original section 31, which has worked effectively for him. An issue emerged recently arising from an intervention by the Minister in regard to the Mayo County Council development plan. This issue was examined by the Joint Committee on the Environment, Heritage and Local Government which issued a recommendation that there should be a facility for the Minister to consult with councillors and officials regarding his or her directions. Subsection (17) is in contravention of that.

Fianna Fáil in government seems to have been absolutely blinded by one particular provision. Deputy Fleming welcomed some of the new measures the other day, but he seems to be unaware of what the rest of the section does which is greatly to complicate the original section 31 by introducing an extremely elaborate process that will be time consuming for both the Department and the planning authority. Planning authority officials are reduced to passive participants in regard to the Minister's intervention. Subsection (17) states: "The direction issued by the Minister under subsection (16) is deemed to have immediate effect and its terms are considered to be incorporated into the plan, or, if appropriate, to constitute the plan". In other words, by means of the direction he or she can issue under the new section 31, the Minister can effectively make the development plan while the planning authority is left powerless other than making submissions in regard to the Minister's direction. That is fundamentally undemocratic.

Is the Minister's partner in government, the Fianna Fáil Party, asleep? Although it suffered substantial losses in the last local elections, that party still has hundreds of councillors, while the Green Party has only three.

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