Michael Fitzmaurice (Roscommon-Galway, Independent) | Oireachtas source

Section 181(2A) of the principal Act enables a Minister to order that certain developments carried out on his or her behalf by the Office of Public Works, OPW, are not required to abide by planning. Everyone agrees with that in areas such as the River Shannon, where there is flooding, or where there is a threat to life or property. However, section 9 of the Bill refers to the inclusion of the statutory undertaker in section 181(2A) of the 2000 Act.

A "statutory undertaker" is described in the principal Act as being "a person, for the time being, authorised by or under any enactment or instrument under an enactment to—...provide, or carry out works for the provision of, gas, electricity or telecommunications services,". My understanding is that the ESB is running short of power because the Government and the previous Government decided to close down the power stations in Lanesborough and Shannon Bridge and the coal plant in Moneypoint. What we have done is cut ourselves short. A decision has been made that €200 million will be spent in Dublin to bring in generators and to bypass whatever planning is required because the winter is coming and we could run out of power. There is a bit of a flurry because of decisions that have been made. Sadly, over the past six months to two years, the Government did not mind 2,000 people in the midlands losing their jobs following the closures and because of court cases taken against Bord na Móna. Nobody was able to enact emergency legislation to try to make provision for the supply of electricity through that. Is this what is going on in this country? Is it that we are spending €200 million to bring in gas generators to power the country for the winter in order that we will not run out due to the amber flashes we are getting at the moment? The Green Party is wagging the Government's tail and it is deciding what it will do. It is a total contradiction to put in gas generators if the Government is talking about it proposed agenda while at the same time closing the power stations in the midlands and importing gas from the Baltic countries.

I want clarification on that from the Minister, because while I agree with the likes of the OPW intervening where there is a threat to life or property, rightly so, there needs to be an exemption for a Minister. Does this include a statutory instrument or that the Minister could sign off on the likes of interconnectors or broadband – I note telecommunications services are included - without planning permission being required?

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