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

I move amendment No. 28:

In page 23, line 11, after “section 10” to insert “and, in particular, subsection (2)(n) of that section in relation to climate change”.

I want to address amendments Nos. 28 to 32, inclusive, and 44 to 48, inclusive. I will add in general conversation some comments on amendments Nos. 17 to 20, inclusive.

I will deal, first, with Government amendments Nos. 28 and 44. Further to amendments tabled by Deputy Eamon Ryan on Committee Stage, I undertook to examine the feasibility of including in the Bill a reference to climate action and low carbon development and, if appropriate, bringing forward a suitable amendment on Report Stage. Having examined the matter, I propose to make two amendments to sections 31AM and 31AQ of the Bill to make sure in evaluating and assessing the matters relating to development plans and regional spatial economic strategies the OPR will also address legislative and policy matters relating to climate change and place appropriate emphasis on this issue in its assessment of such plans and strategies. Section 10 of the Planning and Development Act 2000, as amended, already provides clarity on the content of development plans and provides that local authorities must take account of the policies and objectives of the Government when preparing their plans, including the conservation and protection of the environment with clever references to climate change. Section 23 of the Act has similar provisions with regard to regional spatial and economic strategies.

I recognise that Deputy Eamon Ryan looked for specific references to the Climate Action and Local Carbon Development Act 2015 to be included in the Bill. However, having examined the matter, I consider it more appropriate to make an overall general reference to climate change, emphasising its importance in the context of the OPR's evaluation and assessment of development plans and regional strategies, rather than mention specific legislation which could become outdated in time. I fully recognise and support the broader objectives of tackling climate change which are very important and they need to be referenced in the Bill, but the amendments I am proposing to sections 31AM and 31AQ will ensure the regulator will have sufficient powers to take matters related to climate change into account when evaluating the development plans and regional strategies of local authorities.

I do not propose to accept Opposition amendments Nos. 17, 20, 29, 32 and 45 to 48, inclusive, as tabled by Deputy Eamon Ryan. Amendments Nos. 28 and 44 will better address the inclusion of a reference in the Bill to climate action and low carbon development. In that context, the Bill, as drafted, makes specific reference to the regulator being required to have regard in the performance of its functions to a number of specific EU directives, namely, the environmental impact assessment directive, the strategic environmental assessment directive, the habitats directive and the birds directive. It is on this basis that planning authorities have been designated as competent authorities for the directives. However, I do not consider it to be appropriate to include a reference to the other EU directives on water, air quality and flooding, as referred to by Deputy Eamon Ryan in his amendments. Although these directives are relevant to planning authorities, they are not the sole competent authorities for the directives in question. It is considered that the directives are already covered by the general requirement on the regulator to have regard to the requirements of relevant Acts of the European Union in the performance of its functions, as provided for in section 31S of the Bill.

I will hold back on commenting on amendments Nos. 69 to 71, inclusive.

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