Eoin Ó Broin (Dublin Mid West, Sinn Fein) | Oireachtas source

As the Minister knows, Article 15 of the Constitution is very explicit on who has the authority to make laws for the State.

It states, "The sole and exclusive power of making laws for the State is hereby vested in the Oireachtas: no other legislative authority has power to make laws for the State." Earlier, the Minister referred to the national planning framework being a policy. Of course, that is not the case. It has statutory impact. We will have a similar discussion when we move on to subsequent sections. Because it has a statutory impact and has the effect of law in planning matters, it simply is not acceptable that only Government would approve it. Like any law, a government would have to approve it but it should then be put to the Houses of the Oireachtas. I am absolutely of the view that this is a political decision because of some of the very controversial issues that are in the current national planning framework and that will more than likely be in future frameworks or the revised national planning framework. The Government prefers not to cause its backbenchers blushes in making them vote for something they regularly argue against. Rural planning and rural housing are one example but there are many others.

The Minister is right that we had very detailed discussions about this on Committee Stage but, in all of our detailed discussions, not once did I hear an explanation as to why he would not allow the Houses of the Oireachtas to approve the national planning framework. It is interesting that Oireachtas approval was included in the original legislation for the existing framework. One assumes that was with the advice of the then Attorney General. I do not want to reopen the debate. I would just invite the Minister to explain, if he can, why this will not be brought before the Oireachtas because that question has never been answered.

Other amendments of mine in this grouping, Nos. 180, 181 and 183, deal with bodies or others to be consulted in the national planning framework review. The Minister has included the Oireachtas, which is good, but I would like it to go further and specify relevant Oireachtas committees. The representative bodies of our city and county councillors asked for a very specific amendment to the Bill naming those bodies as required consultees. Given the highly important interaction between the national planning framework and the city and county development plans, that seems eminently sensible. The Minister is likely to say that such consultation is possible without being explicitly referenced, but I would like it to be mandatory. Amendment No. 183 sets out a range of other criteria as regards bodies to be consulted.

I will address amendments Nos. 168 and 187 in the Minister's name. With amendment No. 168, the date has expired and that is obviously why it is being removed. Was any consideration given to having a new date or does the Minister just think it is not necessary? I do not have a particular issue with the amendment but I am interested in having that clarified. On amendment No. 187, will the Minister clarify the intent and effect of the amendment by providing a little bit more information?

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