Paul Murphy (Dublin South West, RISE) | Oireachtas source

I thank the Minister of State for the response but unfortunately it did not answer the questions. Therefore, I will go again. Is it the case that where An Bord Pleanála is considering an appeal, the company has to stop? Alternatively, can it continue? That is a very simple question. The written response circulated, which I think the Minister of State did not read out, states: "With regard to the case which is the subject of an ongoing appeal to the board, the board must be allowed complete its determination of the appeal without interference." I presume that building the mast is interference in the sense that before the board has the chance to hear the case in question, the mast will be up. That was the case with another mast, referred to by the Minister of State. It went up over two years ago. Yes, it is the subject of a judicial review before the High Court, but, to all intents and purposes, that has been successfully won by the residents. An Bord Pleanála has said it is instructed not to defend the judicial review. The company has agreed to take the mast down. The decision has national significance because it has serious implications for all masts allowed to go up across the country under section 254. However, it is still there. If Cellnex gets away with putting up the mast to which I have referred, even with an appeal under way in An Bord Pleanála, does it not constitute interference with the process? I presume it is happening in the Minister of State's constituency because it is happening all across the country. A fundamental problem is that section 254 is being used to avoid public consultation and, at a lesser level, to avoid the issuing of site notices or public notices to make people aware of what will happen in their community. Surely people have a right to consultation, to be informed about things and to have an input into where a mast goes. Does the Government agree that section 254 needs to be seriously amended to have a proper planning process?

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