Martin Browne (Tipperary, Sinn Fein) | Oireachtas source

This is one of the lengthiest Bills to face the House and I can understand why. Our planning system is beset with issues that delay the process and cause much-needed environmental and commercial projects to time out. This frustrates and causes undue hurdles for communities that are faced with challenges of all types, whether through developments or the impact of climate change. The question is whether the Bill addresses this and a range of other matters that need attention.

A Bill so complex will require considerable examination and I want to mention the work already carried out by the Oireachtas housing committee, which recommended more than 140 changes to the draft Bill. This is indicative of the extent of the complexity and the level of concern about what is being proposed. As I have said, with a Bill so lengthy that deals with such a complex system, the way it interacts with the planning system overall will need careful and prolonged examination to ensure it works in the interests of communities and applicants, and that local authorities, elected representatives and communities have the tools and resources to develop good quality plans.

For a long time Sinn Féin has campaigned for a planning system that delivers good quality planning in a timely way, which meets the needs of our communities, contributes to the functioning of society, takes cognisance of the environment, and works to reverse the damage done through poor decisions on the part of the two parties in government. This leads me to some of the takeaway provisions of the Bill, which include measures such as the introduction of statutory timelines for decision-making. It is a widely-held view that specific timelines are needed. The Bill aims to do this, which I welcome. People need certainty about the process as do businesses. With this benefit in mind, I suggest that efforts must be made to ensure the Bill is modelled in such a way that it does not result in poor quality planning decisions. We know how the consequences of ill-considered planning can cost communities.

Statutory timelines can work only with the combination of adequate staffing and resourcing. To date this has not been the case. If this is to genuinely succeed, which I support, its workability must be provided for. I refer in particular to adequate resourcing for the courts and An Bord Pleanála. This is an essential factor if timely decision-making is to meet demand while at the same time ensure consistent assessment.

We must remember that without judges the courts are hamstrung. This is a further wrinkle that needs to be addressed and worked out. Unfortunately, this is a matter that has been on the agenda for quite some time. In terms of An Bord Pleanála and all we have seen and heard about it in recent times, it will be interesting to see whether the Minister's actions will result in a significant impact on the decision-making backlog there. While there has been some improvement in staffing sanctions for An Bord Pleanála, only half have been recruited and more are needed. If the Bill is to deal with the delays then these issues are crucial factors.

I want to address the changes to judicial review, which appear to be in line with the draft Bill. As pre-legislative scrutiny was taking place, legal experts advised that the rules on standing, which are too narrow, could deprive people of their right to seek legal review on planning decisions and delay proceeding where the new standing requirements are challenged. They stated that as a consequence, questions remain with regard to the interpretation of and compatibility of the standing rules with the Aarhus Convention and EU law.

It is our view that this small number of judicial reviews, which concern approximately 3% of all applications, are generally the result of failures in the planning system and planning law. To add to this, in the majority of cases the courts upheld the judicial review. To restrict people's access to the courts on matters that can be of such importance to their communities is wrong and runs counter to how a good planning system should work. As I have said, this was pointed out to the committee by people immersed in the legal system. If the measures that are to address delays in the system work against this very principle, they need to be re-examined.

As I referred to earlier, more attention must be paid to properly resourcing the planning system, An Bord Pleanála and the courts. We need to address the inefficiencies in the system rather than restricting people's access to recourse. This is especially the case for communities that have not been adequately engaged with from the early stages of the process, and which for one reason or another may be aggrieved or genuinely concerned. This is an area of the Bill that I believe may run counter to the ambition to improve our planning system. The planning system works fairly, effectively and efficiently only if it ensures good quality planning decisions are made in a timely manner following meaningful public participation.

The planning system must enable us to meet the social and economic needs of society. It must also enable rural Ireland to have adequate transport routes that are efficient and address the needs of our rural communities, while having the least environmental impact. Transport in rural Ireland is far below what we should expect. Towns are clogged with traffic and our system to address this is even slower than the traffic stuck in the backlogs which our towns frequently witness. We need to address this and provide sustainable and renewable energy with local buy-in through public participation. The adversarial planning system must be addressed.

As I said, this is a substantial Bill. It is important but its real importance lies in how effective it is to plan for the future while dealing with the issues of the past that have plagued communities as a result of bad decisions by Fianna Fáil and Fine Gael. This is why we will work with the Government to undo the damage and mould this into a Bill that achieves the purpose for which it is intended, which is to work for communities, the environment, businesses, industry, rural Ireland and urban areas.

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