Malcolm Noonan (Carlow-Kilkenny, Green Party) | Oireachtas source

Yes, leis an Teachta Steven Matthews. Tógfaidh mé seacht nóiméad. Go raibh maith agat.

I will respond briefly to some of the points raised by Deputies. I thank them for all the contributions. A lot of points were raised about depopulation, bánú, including by Deputy Connolly. As regards the whole issue of our towns and villages being hollowed out and the notion of clustering houses where they should be, where there are schools, water and wastewater facilities and post offices, there are contradictions in Deputy Mythen speaking about the closure of rural post offices yet also the dispersal of rural housing. Yes, absolutely, the rural housing guidelines are important. There are existing guidelines in place, and that is vital. Bhí an Teachta Mairéad Ní Fhearghail ag caint faoi phleanáil agus faoi chúrsaí tithíochta in áiteanna Ghaeltachta freisin. I agree with the points raised by Deputy Cian O'Callaghan about An Taisce.

As my colleague, the Minister of State, Deputy Dillon, set out in his opening statement, prescribed bodies play an important role in the planning system, and this must be maintained for those that are already prescribed bodies. An Taisce, a body established prior to the original planning legislation in 1963 and included as a prescribed body since 1964, has the mission "To protect and celebrate Ireland's natural and built environment for present and future generations, and to ensure Ireland leads the way in defending a liveable planet". In this time of concern and focus with regard to climate change and biodiversity loss, it is the responsibility of every person and organisation to protect our environment for future generations. Therefore, the openness of the planning system must be maintained - I know all Deputies agree with this - to allow prescribed bodies such as An Taisce or any person to engage with the planning system as prescribed in planning legislation. This engagement helps to inform better decision-making by both planning authorities and An Bord Pleanála, soon to be an coimisiún pleanála. I avail of that myself as both an activist and a councillor in making submissions. While it is understood that not everyone may agree with every decision made by planning authorities or An Bord Pleanála, the opportunities for public participation, the taking of appeals and, yes, the taking of judicial reviews hold the decision-making process under planning to account and help maintain the integrity of the system. It is critical that public participation at the outset is the most fundamental part and tenet of our planning system.

One of the key principles of planning that must be upheld by both planning authorities and An Bord Pleanála is that there must be proper planning and sustainable development. This is of vital importance when it comes to protecting our natural and built environment. Contributions by prescribed bodies such as An Taisce assist in this process by requiring planning authorities and An Bord Pleanála to consider any submissions they receive prior to making decisions. The legislation proposed by Deputy Mattie McGrath in the Planning and Development (An Taisce) Bill 2024 aims to remove An Taisce as a prescribed body for the following purposes: first, in the preparation of development plans; second, in the processing of planning applications; third, where local authorities propose to undertake their own development, commonly referred to as a Part 8 development; and, finally, local authority own development where an environmental impact assessment is required. The removal of a prescribed body, which is set out in regulations, must be undertaken by way of secondary legislation. The use of primary legislation such as proposed in this Bill is not the appropriate mechanism. The power to make regulations rests with the Minister for Housing, Local Government and Heritage.

Additionally, I concur with my colleague, the Minister of State, Deputy Dillon, that the removal of An Taisce from the prescribed bodies lists would be a retrograde step. An Taisce has been a prescribed body for 60-plus years. To remove it from legislation at this time, when it is simply undertaking actions which are also open to any member of the public in making submissions, appeals and judicial reviews, cannot be supported. For example, the input of An Taisce or any person into the planning application process through the making of submissions may provide additional information that the planning authority was previously unaware of and highlight the need for developers to provide further information and ensure better decisions are made on a proposed development.

I reiterate that the ambition of An Taisce is to protect and celebrate Ireland’s natural and built environment for present and future generations.

I commend An Taisce on its contribution to our environmental protection and heritage in Ireland. Deputy O’Callaghan recalled the important work it did on the Bill I brought forward, the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023. While some Deputies in this House may have concerns that individuals or organisations can lead to delays in the planning system and subsequent delays in development, the Planning and Development Bill 2023, which is currently passing through the Houses of the Oireachtas, aims to assist in this regard. The 2023 Bill aims to ensure there is transparent and timely decision-making which will enhance the quality of decision-making that is proportionate and, importantly, encourage public participation in plan-making and decision-making principles. A key principle that will also be maintained when the 2023 Bill is enacted is that the system will be independent and enable any person or body to engage within the planning system. Therefore, when new regulations are prepared, a role for prescribed bodies will be retained.

The 2023 Bill, once enacted, will be commenced on a phased basis, with the corresponding sections and Parts of the 2000 Act and associated regulations being repealed as the various Parts of the new Bill are commenced. Therefore, as previously stated, as the Planning and Development (An Taisce) Bill 2024 proposes to amend legislation that will be repealed in the future, it cannot be supported. Accordingly, the Government opposes the Planning and Development (An Taisce) Bill 2024 for the following reasons: the use of primary legislation is not the appropriate mechanism for amending regulation; the openness of the planning system must be maintained for all persons, including prescribed bodies; and the 2023 Bill is passing through the Houses of the Oireachtas and the legislation the Planning and Development (An Taisce) Bill 2024 proposes to amend will be repealed once the 2023 Bill is enacted and commenced.

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