Dáil debates

Tuesday, 11 June 2024

Planning and Development Bill 2023: Report Stage

 

6:35 am

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

I am conscious we have discussed this matter at length on Committee Stage. Everyone knows my position on it. We have, unquestionably, seen the misuse of section 5 in some instances. We discussed that at length. We do not want to continue to see an increased use of it. There are legal problems with it too in regard to fairness. There was talk about third parties but we can talk about first parties too – the people who own the properties. In fairness, we have a very good system in Ireland where we very much respect third-party rights, more than in many other jurisdictions within the European Union. This is one measure, though, that in some instances is being misused. In those instances we do not want it to become a snooper's charter where people are just using this type of process to cause annoyance or upset, especially given that the owner might not even know about it. I think that we have found a good middle ground, as Deputy Matthews said. Members might not agree, but we can vote on it. That is fair enough. That is why I have brought forward the Government amendments.

I assure Deputy Ó Broin that, following this debate, I will keep things under consideration in advance of the Bill going to the Seanad, in particular Committee Stage there. Before the Seanad Committee Stage I also assure Deputy Ó Snodaigh that buailfidh mé le Conradh na Gaeilge chun rudaí breise a phlé leis. I will do that. I do intend to meet it again but it will be after this Stage is concluded.

The amendments I have proposed genuinely stem from discussions on Committee Stage. We have covered this issue in great detail. I will move my amendments at the appropriate time, but I am not accepting the amendments that have been tabled to my amendment.

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