Fergus O'Dowd (Louth, Fine Gael)
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Question 74: To ask the Minister for the Environment, Heritage and Local Government the reason for the delay in the publication of the strategic national infrastructure Bill; and if he will make a statement on the matter. [16643/05]

Dick Roche (Wicklow, Fianna Fail)
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I thank Deputy O'Dowd for tabling the question. I know he shares with me an anxiety that the Bill be quickly introduced in the House and placed on the Statute Book. There is wide consensus that the regulatory system for major infrastructure projects should help to ensure projects are delivered in the right place at the earliest possible time in a cost effective manner. The system must also be capable of mitigating the impact of any major project on the environment and people and complying with relevant national and international legal requirements.

An Bord Pleanála is the key agency in ensuring the efficient delivery of planning approval relating to infrastructure. Over the past three years, the board has improved its performance in delivering decisions and currently determines more than 85% of all decisions within the statutory objective of 18 weeks set out in the Planning and Development Act 2000. However, certain difficulties with the current process have been identified, which can operate to delay decisions being delivered in an efficient way. Given that many current procedures are deliberately abused to delay decisions, it is important to ensure that the board has sufficient powers available to it to deliver the best possible outcomes in terms of planning and the environment and that this general objective is not hindered by procedural rigidities, of which there are many.

Having examined the problems which have arisen in the area, the Government considers that legislation is desirable to address some issues arising in the approval process. Due to the complexity of the issues involved and the need to consult widely among my colleagues, the preparation of draft legislative proposals has taken some time. I am currently working on the proposals for a strategic infrastructure Bill and intend to bring a memorandum before Cabinet in the near future with a view to publishing the Bill as soon as possible.

Deputies will understand that I am not in a position to elaborate in detail on my proposals in advance of the Government making a decision on them. In general terms, however, it is intended to reduce the time required for obtaining development consent for necessary major public projects and to co-ordinate and streamline the different procedures currently involved, while respecting the requirements of environment and heritage protection and the need for adequate public consultation.

Fergus O'Dowd (Louth, Fine Gael)
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I thank the Minister for his reply. For years, the Government has promised to introduce a strategic national infrastructure Bill and each new list of proposed legislation published at the beginning of every session includes provision for such legislation. The Bill has been delayed because of the Government's inability to resolve its internal crisis on the question of what constitutes significant infrastructure. Different Ministers place different weight on different issues, particularly in the area of incineration. Will the Minister ensure that only major infrastructural projects are covered by the changes he proposes to make to An Bord Pleanála? He once stated that any matter which requires an environmental impact statement would go before special hearings of the board, a proposal which my party believes would clog up the system.

Having gone through due process, certain individuals indicated on television last week that they wish to commence legal proceedings with regard to the route of the M3 motorway near the Hill of Tara, as is their democratic right. Will the Bill provide for the establishment of a special division of the High Court to immediately deal with applications arising on foot of decisions taken on major infrastructural projects? Such a division will be critical if we are to avoid lengthy delays. We cannot allow a dispute over the M3 motorway to last one, two or three years. We have had due process and want the motorway now.

Dick Roche (Wicklow, Fianna Fail)
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I wish to disabuse the Deputy of the notion that this is because of internal difficulties, specifically——

Fergus O'Dowd (Louth, Fine Gael)
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The Minister for Enterprise, Trade and Employment is opposed to an incinerator in Cork, the Minister does not want one in his constituency and the Minister for Justice, Equality and Law Reform does not want one on the Poolbeg peninsula.

Séamus Pattison (Carlow-Kilkenny, Labour)
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The Deputy should allow the Minister to reply, please.

Dick Roche (Wicklow, Fianna Fail)
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Will Deputy O'Dowd allow me to finish? He will be pleasantly surprised when he sees the Bill's provisions on that issue. As to the issue of allowing only projects requiring an environmental impact statement to go before special hearings of An Bord Pleanála, while I am conscious of what must be done in this regard, the Deputy will have to wait until the detail comes through to see it.

I agree with the Deputy and other Deputies who have made similar observations that this is probably the only country in the world in which major infrastructural projects are held up time and again in the courts. While it is the right of every citizen to take a case to court, and the Deputy has not suggested this right should be truncated in any way, the propensity here has been to bring major projects before the courts simply to achieve delay and cost overruns. Striking the right balance is a serious matter.

Fergus O'Dowd (Louth, Fine Gael)
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It will delay the Bill.

Dick Roche (Wicklow, Fianna Fail)
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The Deputy should allow me to finish. He has suggested the establishment of a special division of the High Court on a number of occasions. As I am less interested in form than results, I want the courts system and every other aspect of the process to deliver results. I regret I cannot provide further detail on the issue but the Deputy will see what has been done when the Bill is published.

Fergus O'Dowd (Louth, Fine Gael)
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There is no point in having a Bill to address major infrastructural deficits if it does not include fast-tracking cases through the courts system. Does the Minister support such provision?

Dick Roche (Wicklow, Fianna Fail)
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I agree it will be necessary to ensure major infrastructure projects are given better access to and through the courts.

Fergus O'Dowd (Louth, Fine Gael)
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That is not good enough. If we are to fast-track the motorways which need to be built and the major infrastructural developments required in the economy, we must ensure they get through the planning and legal systems. The find at Carrickmines Castle held up the extension of the M50 for God knows how long and the M3 could take a long time to complete. We want the Minister to take action now.

Dick Roche (Wicklow, Fianna Fail)
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The Deputy will get action from me in this regard. More than any other Deputy in the House, I am aware of the extraordinary delays which can occur in the courts.