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

I oppose the amendments which primarily propose the making of legally binding determinations on development plans and regional strategies by the office of the planning regulator, OPR. The primary role of the regulator is to evaluate and assess development plans and regional strategies and make statutory observations and recommendations on them. It is not necessary or appropriate to amend the Bill to give the OPR the power to make legally binding determinations on development plans and regional strategies. The Bill provides that the regulator will be independent in carrying out its functions and, as drafted, provides the OPR with sufficient powers to make observations and recommendations to planning authorities and regional assemblies on their draft development plans and regional strategies and for them to have sufficient weight and to be appropriately taken into account. The OPR can submit observations and recommendations to the relevant planning authority or regional assembly on draft plans and strategies. A planning authority or regional assembly is then required to notify the OPR and state the reasons its plan has not been made in a manner consistent with the observations and recommendations. If the regulator is subsequently of the opinion that the development plan or regional strategy as made by the relevant planning authority or regional assembly does not set out an overall strategy for the proper planning and sustainable development of an area or region, the OPR shall recommend the use of a ministerial direction to ensure the plan will set out an overall strategy for proper planning and sustainable development and shall submit a draft direction to the Minister to issue to the planning authority concerned.

The Bill further provides that where the Minister agrees with the recommendation of the OPR in respect of a plan or strategy, he or she will issue a direction to the relevant local authority or regional assembly. If the Minister does not agree, the Bill provides, in the interest of transparency, that he or she will be required to explain his or her reasons for the disagreement and must lay the reasons before the Houses of the Oireachtas and publish them on the Department's website. This is much different from the current scenario in which the Minister makes that decision. Therefore, the OPR will have to bring the case to the Minister in the first instance. There is power to instigate that procedure.

These provisions incorporate appropriate checks and balances to ensure the observations and recommendations of the OPR will be given due weight in the preparation of development plans and regional strategies, that the plans and strategies will address and take account of all relevant legislative and policy requirements and that the development plans and regional strategies eventually adopted will be enhanced by the checking procedures requiring the evaluation and assessment of such plans and strategies by the OPR and further consideration by the Minister, where necessary. I, therefore, do not accept the amendments. They are not needed, but I understand the reason the Deputy has tabled them. We are dealing with the thrust of the Mahon report in the legislation and the provisions will result in much more scrutiny of the procedures than is currently provided for.

I do not propose to accept amendment No. 14 either, as there must be clear lines of demarcation between the role of the OPR and other responsible bodies, particularly in the area of corruption and planning decision-making. Where there is evidence of potential planning corruption, impropriety or breaches of the law, these matters are strictly for investigation by An Garda Síochána.

In respect of decision-making on individual applications, the planning Acts provide for a clear hierarchy of decision-making review from the local authority to appeal to An Bord Pleanála and, thereafter, for matters to be brought before the courts. The Bill has sufficient provisions regarding the investigation of complaints by the OPR and ensures the complaints, where warranted, can be referred to a more appropriate State authority. Furthermore, it provides that the OPR may, at its own behest, at the request of the Minister or on foot of a complaint received, carry out reviews and examinations of the systems and procedures operated by planning authorities in the performance of their functions under the planning Acts.

The Bill allows the regulator to form its own opinion and make recommendations, as appropriate, to the planning authorities and the Minister, including recommendations on the need to put in place revised organisational structures or systems and procedures to ensure the assessment of planning applications and the drawing up of development plans are carried out in an appropriate and robust manner in accordance with the highest administrative standards. The Bill also provides that in respect of complaints made by any person to the regulator on a planning matter, the OPR can, where warranted and it detects potential corruption, impropriety or malpractice in a planning authority relating to the conduct of its functions, refer the matter and any related document to one or more of the Ombudsman, the Standards in Public Office Commission, An Garda Síochána or any other State authority as may be prescribed in further legislation. I consider that the provisions relating to the examination and investigation of complaints received by the OPR are sufficiently and comprehensively addressed in sections 31AU and 31AX and, therefore, do not see the need for the amendment. Accordingly, I oppose it.

I accept the Deputy's concern about timelines. I will not go into the Donegal issue. I will receive a full briefing on it and discuss it with him. Perhaps we might do something at a later stage about timelines which would mean such a report could not sit there for an excessive time. We could be prepared to look at that issue, but there are sufficient powers in the Bill to address the Deputy's concerns. I am happy to consider timelines and putting something into the Bill to reassure the Deputy, if possible.

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