Peter Burke (Longford-Westmeath, Fine Gael) | Oireachtas source

Yes. It is important to reiterate that the Government recognises that the use of energy and its security of supply are key issues facing the economy in the coming decades. However, the Planning and Development Act 2000, as amended, is not the appropriate mechanism to achieve the goals as set out in this Private Members' Bill. Therefore, the Government opposes the Bill.

As Deputies will be aware, the planning process is at its core neutral. It includes public participation and does not predetermine the outcomes of any planning applications, either positively or negatively. It is only once an application is made in accordance with the planning Act that Government policy, including those policies that have regard to fossil fuels and data centres, is considered as part of the decision-making process. To amend the planning Act in the manner proposed would be to undermine the neutrality of the system by deciding the outcome of the planning application prior to the completion of the process. In this regard, the Private Members' Bill is specifically targeted at restricting the development of certain fossil fuels infrastructure developments and data centres as well as removing nearly all forms of energy infrastructure from the strategic infrastructure development list, the result of which would be to remove the existing planning process from these types of development requiring the submission of such planning applications, which are of strategic national, regional and economic importance, to An Bord Pleanála for determination.

A key principle of the planning system is that when making a decision in relation to an application the planning authority shall be restricted to considering the proper planning and sustainable development of the area in which the proposed development is located. As part of this, consideration of Government policy is achieved during the decision-making process where planning authorities and the board must have regard to the policies of the Government, such as the climate action plan, the national planning framework and environmental considerations, when making determinations on the planning applications.

The Government is actively working on policy in the areas of fossil fuels and data centres, as specifically mentioned in this Private Members' Bill. As the Minister for the Environment, Climate and Communications, Deputy Eamon Ryan, stated during the week, a review of energy supply is under way and, once completed, the outcome of this review will inform future Government policy in the energy sector to be taken into account in the assessment of planning applications in this area.

With regard to data centres, proposals for such development, like other forms of industrial development, are required to go through a full assessment of their environmental impact as part of the planning process. In addition, the Commission for Regulation of Utilities has statutory responsibility to monitor and take measures necessary to ensure the security of supply in Ireland. The CRU is assisted in undertaking its statutory role by EirGrid.

It is important to note that the role of the CRU is already recognised in planning through the Planning and Development Regulations 2001, as amended, as part of the planning process for high-energy usage developments. The CRU must be consulted and contribute to an application which relates to development of energy infrastructure. Any submission lodged by the CRU to a planning authority or An Bord Pleanála on a planning application is taken into account in the determination of that planning application. In addition, developers are also required to apply for an electricity grid connection so that EirGrid can assess the electricity demand load they may add to the electricity grid and any associated implications. This process is thoroughly robust and independent.

I am satisfied that the existing arrangements in the planning Act for the specific forms of energy infrastructure and data centres, as referenced in the Private Members' Bill, are reasonable and appropriate. Accordingly, the Government opposes the use of the Planning and Development Act and the planning system in the manner proposed as this is not an appropriate mechanism to achieve the objectives of the Bill.

See this speech in context