Dáil debates

Wednesday, 16 December 2020

Planning and Development Bill 2020 [Seanad]: Instruction to Committee

 

7:15 pm

Photo of Cian O'CallaghanCian O'Callaghan (Dublin Bay North, Social Democrats) | Oireachtas source

This issue is not a new one. The initial directive on environmental impact assessments has been in place since 1985. There has been plenty of time to get this right but choices have been made not to get it right. The first case on this issue, the Derrybrien case, was taken in 2008, 12 years ago, so there is no immediate rush on this issue such that it would necessitate the Bill going through the House without sufficient time allowed for scrutiny of it. I remember the Minister stating how much he respects the Constitution a few months ago in the course of speaking against an Opposition Bill on housing. He attacked that Bill on the basis that he believed it was unconstitutional in terms of trying to increase rights around housing. He believed it was in contravention of Bunreacht na hÉireann. What I am saying on the Bill before the House tonight is that the Minister needs to respect the Constitution in terms of our role as legislators. It is not showing respect for the House to bring in legislation in this manner, circumventing proper scrutiny and not allowing proper time for Members to do their job on the Bill. Earlier this year, people went out to vote for Deputies. They elected us to do our jobs correctly. This process is not allowing us to do our jobs correctly. The Joint Committee on Housing, Local Government and Heritage wanted to carry out pre-legislative scrutiny on the Bill but the Minister circumvented that by sending it straight to the Seanad. That was his choice. He can wave his hand all he wants, but this is important to us and we need to send a clear message to the Minister that this is not an acceptable way to do business. It is not respecting the Dáil or the need for proper scrutiny and proper time for it. In my view, it is not respecting the Constitution and our role as legislators. I ask that this be the last time that the Minister and his Department take this approach.

I appreciate the hard work that has been done by the officials on the Bill. I appreciate that it is necessary legislation, but we have a necessary role in this as well and that must be respected. In my view, it is not being respected in this case. It is not sufficient to state that the Government has advice from the Attorney General and it has other legal advice and, therefore, the Oireachtas does not need time to scrutinise the Bill, get properly informed on it and have proper debate and discussion of it. I wish to state in the strongest possible terms that this is not the way to do business. This Dáil must be respected. It must be given a proper amount of time to scrutinise and engage with legislation.

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