Darragh O'Brien (Dublin Fingal, Fianna Fail) | Oireachtas source

I thank Deputy Matthews for his intervention. It puts it in context. Just before he arrived, I mentioned that the existing system is not fit for purpose when it comes to appointments and it excludes people. An open and transparent competition process is open to everyone. I said that earlier but I reinforce what Deputy Matthews has said. He is correct that it should be open for everyone to apply. We have detailed in the legislation the type of skills and expertise we would be looking for, which is a vast improvement on what was there before.

On Deputy Matthews's question on marine ecology, the only appointment I am making under the existing legislation relates to the specialised marine planner. We clearly designated within that that detailed knowledge and expertise of marine ecology and biodiversity is an absolute prerequisite for that role. The Public Appointments Service, PAS, is in the final stages of that process because we need to move ahead and have that expert on the board who will head up the marine planning team there with the express intent of moving forward with the Maritime Area Planning Act and everything we need to do within that on our marine-protected areas and so on. That process is well under way. I expect it to be concluded very shortly.

I said to members that we cannot have a cliff edge between the old system and the new one. The appointments being made are not a power grab in any shape or form. We are appointing interim people to the board to add resources to it so that the board can do the work it needs to do. I have met the staff at An Bord Pleanála. There are some brilliantly committed people who have gone through a really difficult time. They need to see movement on how we will restructure the way in which the board functions. As a result of what has happened this year, the board's reputation has taken a serious battering. This legislation is the start of that reform process. We need to have interim measures in place. It has been agreed by most Members present that we need to ensure we have the interim chair in place with the functions and powers she needs to exercise her role in it.

When people refer to section 6, it is important they read the whole section. I will not do that because I do not want to delay Deputies but I suggest they do so. Deputy Matthews went through section 6(a) but Deputies should read the whole thing. Section 6(b) says, "The Minister shall establish a suitable, independent, objective, and transparent procedure ... in accordance with which recommendations may be made to the Minister in relation to the appointment of ordinary members of the Board.” We are going to establish a suitable independent system. It will be in place. I have told Deputy Ó Broin and others present that I have absolutely no difficulty and give a commitment in the House this evening that when that procedure is fully worked through and we have an idea of what we are doing, and we need an efficient way of doing this, I will absolutely come back to the committee with it. However, the legislation needs to pass. It needs to be able to provide us with some flexibility as to the type of process but it will be far better than the process that is in place now. I can say that as someone who has had experience of having to appoint people to the board and to deal with that process right the way through. The nomination system could lead to 20, 30 or 40 names coming forward, with all of those nominated having applied for a position and all having been interviewed or met with, but with no recommendations in written form to any Minister. That is the position. There is a greater risk to the integrity of a new An Bord Pleanála by using or retaining the current system. I do not want to do that, nor does the Government. We need a board that sits at the apex of our planning system that is fit for purpose and that the legislation underpins, but we need structurally to change it. The consolidated planning Bill will further advance this. It will bring further changes to the board and its structure as I outlined in my remarks on Second Stage.

I understand and respect the views that Deputies have voiced in the debate and the thrust of the amendment, but I put it to Deputies that section 6 outlines very clearly what we are going to do. I have told Deputies in the House and it is on the record that when we have concluded the work on the procedure, we will return to the joint committee and let it know, but we need the legislation passed. People have tried to portray this as a kind of power grab or that we are going back to the future with bad practice. It is anything but that. It is a fundamental change to the way in which members of the board will be appointed into the future. That will be further enhanced by the structural changes we will make to the board, which I will not discuss here as it will be subject to pre-legislative scrutiny by the joint committee in the first quarter and into the second quarter of next year. We need that consolidated planning Bill passed.

I will not detain Deputies any further. The discussion around amendment No. 1 has been useful but I will not accept it.

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