Dáil debates

Wednesday, 9 October 2024

Planning and Development Bill 2023: From the Seanad

 

6:30 pm

Photo of Cian O'CallaghanCian O'Callaghan (Dublin Bay North, Social Democrats) | Oireachtas source

The Minister should listen to the points made.

There are four points I want to make on the amendments. The first concerns compliance with the Aarhus Convention. I do not accept the response the Minister gave earlier on this. It is exceptionally clear that extensions to the duration of permission are subject to Article 6 of the convention and will always require participation and, therefore, the Minister was wrong in the answer he gave me. The new definition of "material alteration" does not cover this. That is exceptionally clear and comprises further grounds for showing that a full review of compliance with the convention should have been carried out.

Comments were made about rights of way. It is absolutely clear that the wording should be "shall", not "may". The rights of way should be listed and mapped out in development plans for future years. I know of several examples of very long-established rights of way that are not mapped out in development plans and that are now coming under threat. They have been in use for decades and need to be listed and mapped. When we note how incredibly far Ireland is behind the UK on rights of way, we realise that what has happened in this country is really tragic. This Bill further weakens our already very weak position.

The Bill exposes the State to major costs. No estimates have been provided regarding the potential costs the State would have to pay out if people won or lost. The Bill will increase the volume of cases and will also create indirect costs. The Minister has given us no estimates as to the costs and no information on what will happen. There is to be discretion in that different governments will be able to set different costings. It is very much discretionary, so people do not have good rights here.

The Bill creates more centralised control without proper checks and balances. Centralised control without accountability and checks and balances is a recipe for disaster. We have had several tribunal reports on planning corruption showing why we need to have proper checks and balances and accountability. That element seems to have been forgotten about. Public participation comprises a very important check and balance in ensuring accountability. Chilling effects are highly problematic.

The changes concerning LNG elements are very significant. The legislation contradicts what is in the programme for Government and effectively gives a green light to LNG. There are no safeguards or controls regarding the importation of fracked gas. The Bill gives a green light in this area when in fact we should be putting the emphasis on renewable energy. That is the best approach to environmental sustainability and securing our energy supply.

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