Dessie Ellis (Dublin North West, Sinn Fein) | Oireachtas source

As we all know, planning issues have been a huge area of contention and concern for many years. In the eyes of most people, the planning process represented one of the most corrupt areas where politicians and planners had a huge influence over zoning and development. To remind the House and to put in context what the Mahon tribunal meant to people living in my constituency, many working class communities, and particularly in Dublin West and Dublin North West, had been affected by corruption in planning matters, and some are still living with its consequences. It was big business, and those who held high political office conspired to corrupt the planning process. Those individuals used their positions of influence within some political parties to line their own pockets with corrupt payments by corrupt developers at the expense of the very communities and citizens they were elected to represent. The effect is that some estates are located on flood plains as a result of land rezoning decisions made by local councillors at the behest of landowners or property speculators, while sizeable populations in this city have to get into their cars to travel to a shopping centre because the one that was planned nearer to them was not built or those nearer to established communities were not facilitated against planning advice. There was over-zoning of lands, much of it in the wrong place, and absolutely no consideration given to any long-term strategy or support in terms of the required services.

To this day, there are people dealing with these decisions every day of their lives so, as Members can imagine, it came as a surprise to me that one of the key recommendations of the Mahon tribunal, namely, the establishment of an independent office of the planning regulator, is not being fully addressed in this Bill. The tribunal was concerned that the changes in the planning system resulted in an over-centralisation of power in the hands of the Minister. As everyone knows, the Mahon tribunal recommendations were to improve transparency. The proposals in the Bill to establish an office of the planning regulator do not really deal with that.

In May 2015, Sinn Féin and Deputy Brian Stanley brought forward a Private Members' motion calling for an independent planning regulator. The Government of the day voted against the Sinn Féin proposal. Our proposal included the strict application of planning criteria before any rezoning of land could proceed. We also proposed that any housing development must include access to social and cultural amenities, public transport, jobs and education facilities. I am disappointed that the Bill does not provide a fully independent office of the planning regulator, but I am not the only one disappointed with this Bill. In respect of enforcement and the role of the Minister regarding the office of the planning regulator, two bodies that have to deal with planning issues are also disappointed. An Taisce is largely disappointed with the proposed arrangements for the office of planning regulation, and the president of the Irish Planning Institute, Mary Hughes, stated: "...the Regulator can be overruled by the Minister meaning it is more advisor than Regulator in some respects and its powers fall short of those originally envisaged by the Mahon Tribunal." The Minister can overrule the regulator. What is the point of the office? It does not go far enough. If the proposed office of the planning regulator does not have teeth or real powers, it will not be effective. We are potentially back to those days where the corrupt and the financially astute decided how we lived in our country. We have concerns, as outlined by Deputy Eoin Ó Broin, and it is extremely important that we put in place a robust planning process and not one overseen by the Minister. While we welcome the Bill, it is clear more needs to be done. I hope the Minister will take on board our concerns.

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