Thomas Pringle (Donegal, Independent) | Oireachtas source

Here we are with yet another piece of rushed legislation, this time the Planning and Development (Amendment) (No. 3) Bill 2021. The Bill has not undergone pre-legislative scrutiny and was rushed through the Seanad last week and yesterday. While I completely understand that it is necessary to work around the situation Covid-19 created, the reality is that shortcuts are being taken and we do not yet know what impact they will have on our planning laws. The Bill before us was aimed at amending the Planning and Development Act 2000 because of the disruptions caused by the pandemic. Covid-19 lockdowns closed businesses, construction and offices with many industries and services moving to working remotely where possible. Apparently because of the pandemic local authorities and planning authorities will now require more time for the completion of existing development plans or the making of new ones. The new section 9A of the Bill will provide for one year for local authorities' development plans to be reviewed, prepared and made and this provision will apply until 1 January 2024.

While the Minister is introducing legislation on the development plans of local authorities and planning authorities, I plead with him once again to direct that protection and surveying of possible burial sites be undertaken by local authorities across the country. The Minister is aware I have been raising the matter with him directly and also with his colleague, the Minister for Children, Equality, Disability, Integration and Youth, Deputy O'Gorman. The Minister's most recent reply to my parliamentary question on how possible burial sites and sites of historical significance will be protected in county development plans was inadequate. His response from last week states:

I refer to my previous response...which sets out the statutory position in relation to the matter raised.

Subsequent to that, on 8 June 2021, I received correspondence from my colleague the Minister for Children and Equality drawing my attention to particular actions as set out in the Commission of Investigation’s report. Implementation of the actions identified is a matter for the relevant local authorities.

With specific reference to county and city development plans, the preparation of these plans is a core function of each planning authority and must be undertaken in accordance with the provisions of the Planning and Development Act 2000. I am satisfied that there are provisions in the Planning and Development Act which enable local authorities in their role as planning authorities, to take a precautionary approach where there is any evidence of burial sites and to properly safeguard any such sites from potentially harmful development and am currently considering how best to give effect to this.

On 27 May, during Priority Questions, the Minister, Deputy O'Gorman, stated the following in response to my question:

... the Government has committed to a strategic action plan encompassing a wide-ranging suite of 22 actions. These actions include advancing legislation to support the excavation, exhumation and dignified reburial of remains where interments are manifestly inappropriate and where their preservation in their current location would not be the right policy response. It has also committed to engaging with former residents and their advocacy groups on the question of appropriate, dignified local memorialisation of burial sites. These actions reflect the complexity of the issue and the need to respond carefully according to the specific circumstances of each case. My officials consulted with the Department of Housing, Local Government and Heritage when we were preparing the action plan in response to the final report of the commission and will continue to engage with the Department in respect of the development and implementation of the strategic action plan.

In our back and forth, the Minister, Deputy O'Gorman also stated:

I made a submission in respect of two planning applications on the lands of the Bessborough mother and baby institution. These applications were rejected by Cork City Council and An Bord Pleanála respectively. I will continue to engage with all relevant Departments with regard to this question. I was not aware that the Deputy's question specifically related to the issue of development plans but that is absolutely appropriate and I will engage further with the Department of Housing, Local Government and Heritage.

Does the Minister for Housing, Local Government Heritage agree that it should not be up to elected representatives, survivors, family members and concerned citizens to watch over burial sites and alert relevant authorities when planning permission is sought or a building is demolished? A developer sought to build apartments at the Bessborough site in Cork and at the beginning of June I wrote to both Ministers, Deputies O'Gorman and Darragh O'Brien, about my concerns that the orphanage at Fahan in Donegal was being demolished as well. It seems works are ongoing and the building was demolished over the first weekend in June. I asked both Ministers, given the importance of preserving possible burial sites, to intervene immediately in order to have an archaeological survey undertaken. My office contacted the relevant officials in Donegal, the company and anybody else who could be contacted and we had significant correspondence on the matter. The demolition of the orphanage had been brought to my attention by a representative of a survivors' group who was himself a survivor of the home.

Why would the Government and local authorities compound the pain of survivors and those who lost family members because of these homes and institutions? It is the question. We should proactively examine sites and undertake the necessary surveys, preservation and studies. The State cannot continue to bury the truth, waiting for spokespersons and survivors to become too tired and jaded to fight for justice. That is what appears to be happening, although it may not be exactly the attention. The Irish people are behind survivors and I am behind them. I call on the Minister to issue a very simple direction that these sites must be protected and preserved. It is the least we can do as a State and Government.

If the Minister is already working with the Department of Children, Equality, Disability, Integration and Youth on other legislation, why would he not take this opportunity to put the protection of these sites on a statutory footing? It is very important. The Minister could bring forward emergency legislation to grant extensions due to Covid-19 disruptions but it seems he cannot do something small and important to make a tangible difference for survivors. That is what it looks like. With sites where planning permission has already been granted that may be on or near grounds of historical significance, this extension should be used to ensure proper archaeological surveys are taken. This is an opportunity to stand for the truth and with survivors. This is not just for photo opportunities for social media accounts and there is a responsibility on us and the Government to act.

Everybody understands that planning is devolved to local authorities and that each authority has a role in this respect. Local authorities are cognisant of the fact that if a Department wants an authority to pay attention to the matter in a county development plan, it would carry much weight. Unfortunately, it seems to carry much more weight than local people getting on to authorities to raise such matters. The Minister could play an important role in this regard. It would not cost the Government or the State anything to do it but it would send a signal to those local authorities. I cannot remember the exact number of local authorities but there are so many different county development plans. It is not fair to expect survivors and others to ensure every county development plan reflects such concerns. The State and the Government can do it. This is a very important matter and I hope the Minister will address it.

Those are my comments. We were supposed to have another couple of speakers from my group but as they have not appeared, I will leave it at that.

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