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

I suppose I will work backwards. In our view the Bill does give the power to the planning regulator to do that. The Deputy calls it an investigation, we call it a review and examination of the systems and procedures, but it is the same thing. The power is there. Who deals with it afterwards? It is brought to the relevant authorities. That would happen in any system of justice. That would have to be done. It is a job for An Garda Síochána, the Ombudsmen or the other bodies. The planning regulator, however, would instigate that process. It could take on a case on foot of a complaint or its own opinion and could decide to investigate it, review it and assess all the checks and balances. It would then bring any outcome of that review forward to be dealt with by somebody else. That is appropriate and, in my view, it should give people reassurance in the system. If the Deputy thinks differently we can tease this out again, but the power for the regulator to do that is in the Bill. It will not need the direction of myself or the Minister of the day. The planning regulator can do so off its own bat.

The Mahon recommendations seek to bring many more checks and balances to the system. That is the thrust of the recommendations. That is what is happening in this Bill. The planning regulator would bring forward any suggested directions. It would go through all the channels, independently of the Minister of the day, and then if a local authority does not heed its advice it could recommend that the Minister make a direction. Currently we have approximately 300 cases ahead of us in respect of local area plans and so on. We make directions quite often. They are, however, made after going through a long chain of command and a long process which tries to give local authorities a chance to come with us, which is exactly what the planning regulator will do. It will lead that process. Only at the end will a case come to the Minister for intervention.

There has to be a balance between a regulator's powers and the powers of this House and democracy. It is important to have that balance. However, I think it is there. Any Minister who would not heed the regulator would have to come in here and explain why, which is what the Mahon report would want. In the past that did not happen. Decisions would be hidden away and made away from any public scrutiny. There is very clear public scrutiny built into this Bill. There will be no hiding for any Minister who would abuse his or her position in respect of planning powers. That is what we are trying to do in this legislation. In my view that is what the Mahon recommendations wanted us to do.

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