Verona Murphy (Wexford, Independent) | Oireachtas source

One of the headlines when the Mahon tribunal was completed and the creation of the Office of the Planning Regulator was announced was, "New regulator will restore confidence in planning system". I prefaced my opening remarks by saying that this is not a criticism of the Office of the Planning Regulator, as distinct from the manner in which the current officeholder is discharging his duties. There was a basic failure by the Planning Regulator and the Minister of State's office to properly consider the established law in the area. The law is not the issue here; it is the lack of understanding of those who are supposed to understand it.

A second-year law student faced with a straightforward question about the established law and precedent regarding section 28 ministerial guidelines and section 31 ministerial directives would revert in 20 minutes with the unequivocal answer. Two High Court cases clearly established the following - in case the Minister of State is thinking of appealing. Ministerial guidelines are not prescriptive or mandatory, based on the decision in Brophy v. An Bord Pleanála in 2015. Section 31 of the 2000 Act does not entitle the Minister to impose by direction his own views on the proper planning and development of the area over those who are elected members of a planning authority based on a decision in Tristor Limited v. the Minister for the Environment, Heritage and Local Government in 2010.

I ask the Minister of State to explain the rationale and motivation for proceeding with the section 31 directive when both he and the Planning Regulator were aware of the case law? If they were not, they most certainly should have been. The question I asked originally was who regulates the regulator. The answer is that it is the Minister of State. I think he should do his job for the sake of the county development plans being prepared and save the rest of us from judicial review proceedings to no end because of the basic lack of knowledge by the current Planning Regulator in advising the Minister of State incorrectly.

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