Damien English (Meath West, Fine Gael) | Oireachtas source

That is democracy. The Deputy might not like it, but that is what happens. It happens all over Europe and people accept it. As a country, we need to have evidence-based debates. Ministers still have to do their jobs. I would prefer not to shy away from that. The amendments before the House are recommending the removal of ministerial decision-making powers. That is wrong, and that is the view of the Department also I am not accepting these amendments for the reasons I have given.

I do not consider that it is appropriate to remove section 31S (1)(a) and (b), as proposed in amendment No. 16. When the OPR is performing its functions, it is important for it to have regard to the policies and objectives of the Government, State authorities, planning authorities or other public bodies that have functions which may have a bearing on proper planning. This includes having regard to ministerial guidelines, policy directives and directions issued under Chapter IV of Part II of the Act. The office must have regard to the public interest and issues of importance to the State. Therefore, I do not accept this amendment.

Equally, I do not propose to accept amendments Nos. 22 to 27, inclusive, in the names of Deputies Wallace and Daly. I do not consider it is appropriate to remove the Minister from his important role in monitoring the performance of the OPR, as proposed in amendments Nos. 22 to 26, inclusive. Section 31U, as drafted, deals with the monitoring and performance of the OPR and allows the OPR to conduct reviews of its organisation and the systems and procedures it uses in the performance of its functions. While the OPR is fully independent in its functions, it is still important for the Minister to have a statutory role in monitoring its performance. I believe the Bill as drafted strikes an appropriate balance between having an independent planning watchdog and maintaining democratic control and accountability over planning authorities.

On amendment No. 27, we believe it is important and prudent to make statutory provision for the Minister and the regulator to consult each other on matters relating to the functions of the OPR. The absence of such provision would be a serious omission in the Bill. It would reduce the interaction between the OPR and the Minister on the functions of the OPR. Therefore, I do not propose to accept these amendments.

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