Jerry Cowley (Mayo, Independent)
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Question 5: To ask the Minister for the Environment, Heritage and Local Government if he will implement his planning guidelines on a statutory basis given that local authorities are not implementing these guidelines; and if he will make a statement on the matter. [13823/07]

Dick Roche (Wicklow, Fianna Fail)
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I thank Deputy Cowley for raising this question. As Members are aware, I take a particular interest in rural housing and in the right of people to live in their own area. The guidelines for planning authorities on sustainable rural housing came into effect in April 2005. While the fact they are called guidelines is often taken to mean they are not statutorily based, they are. Although local authorities sometimes assert they do not have a statutory basis, this is incorrect. The guidelines were issued under section 28 of the Planning and Development Act 2000, which requires planning authorities and An Bord Pleanála to have regard to guidelines in the performance of their planning functions.

The guidelines provide that reasonable planning proposals on suitable sites in rural areas for persons who are part of, contribute to, or have links with the rural community should be accommodated. As Deputy Cowley is aware, the guidelines also deal specifically with those who have a need because of disability and those who wish to return to their home place, particularly emigrants who have been abroad for a long time. The guidelines thus affirm a presumption in favour of quality one-off housing in rural communities, provided proposals meet normal standards in respect of matters such as proper waste water disposal and road safety. The guidelines also classify rural areas for housing purposes and specifically address those locations, such as CLÁR areas, that have suffered from depopulation. The guidelines make specific reference to areas which have suffered systematic depopulation. Following publication of the guidelines, my Department held two seminars for local authority planning officials on implementation of the guidelines and held discussions on the matter with the planning committee of the County and City Managers Association.

Planning authorities have been asked to review their development plans with a view to incorporating any changes necessary to ensure development plan policies are consistent with the policies set out in the guidelines. My Department is continuing to monitor the implementation and effectiveness of the guidelines on an ongoing basis.

As I stated previously to Members of this House and in Seanad Éireann, if there are instances where there is a clear breach of the guidelines, I would be delighted to hear about them.

Jerry Cowley (Mayo, Independent)
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I thank the Minister for his clear reply. He stated, the "guidelines have a statutory basis as they were issued under section 28 of the Planning and Development Act 2000 which requires planning authorities and An Bord Pleanála to have regard to the guidelines in the performance of their planning functions." With respect, that is the rock on which they perish. "To have regard to" is a meaningless term which has already been tested in the courts. A case was taken against Meath County Council for not enforcing the guidelines. The difficulty is there is no binding requirement.

Local authorities have no right to inquire about blood lines, as they are doing in establishing the right of a person to live in a particular area. Great confusion has been created. Even though the Minister stated the guidelines have a statutory basis, there is no adherence to them. In west and north County Mayo in particular where the population has declined by 1,100, the number of one-off houses in the countryside is one third of the total, yet the percentage of planning permissions has fallen to 22% when it should be 33% to sustain one-off rural housing. People are being asked intrusive questions they should not be asked, especially given that the area is in serious decline and there is no pressure on land. The census figures which are due should confirm this state of affairs. I am aware of returning emigrants who have gone home because of the guidelines.

A similar situation pertains to the road safety regulations which the Minister left to the local authorities to enforce. They do not enforce them and they are resisting them. I tabled a question on this matter but it was not accepted. The Minister is aware of the situation and I know he is concerned about it. I received an e-mail from him confirming a telephone call he had with Mr. Tommy Gallagher about his concerns with the lack of enforcement of the regulations following the death of his daughter, Aisling. The death of another girl in Donegal was also due to loose chippings, purely because these statutory regulations are not being enforced.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Deputy should confine himself to a question. He is leaving no time for the Minister to reply.

Jerry Cowley (Mayo, Independent)
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Does the Minister agree with the Tánaiste — I do not always agree with the Tánaiste — that local authorities are a collection of elected councillors under the diktat of a county manager who is responsible to nobody? Does the Minister agree this has led to the current situation with the regulations on planning and road safety? County managers are not answerable to anybody and the Minister does not appear to have power over them.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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We have run out of time already and the Minister is entitled to make a reply.

Jerry Cowley (Mayo, Independent)
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My question to the Minister is whether he will ensure the guidelines on planning and road safety are properly enforced.

Dick Roche (Wicklow, Fianna Fail)
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I thank the Deputy. I accept there is frustration on this matter. Having had a long friendship over 30 odd years with the county manager in Mayo, I would not recognise him necessarily as a dictator.

Fergus O'Dowd (Louth, Fine Gael)
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Would he think the Minister is one?

Dick Roche (Wicklow, Fianna Fail)
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I will make a point to the Deputy which I have made to councillors and councillors' groups: councillors are in command. The only body which has a statutory capacity to fire a county manager is the county council, and that has not happened.

Jerry Cowley (Mayo, Independent)
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Why is it that in Donegal——

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Sorry, Deputy——

Jerry Cowley (Mayo, Independent)
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It is the manager there who is taking that case against the wishes of the members. The members do not want that——

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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We must have order during Question Time. When the Minister is called to speak, he is entitled to speak without interruption.

Dick Roche (Wicklow, Fianna Fail)
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We could argue about the issues of the local government managerial system for a long time but I reiterate councillors have significantly more powers than they realise sometimes. It is incumbent on everybody elected to a local council, especially since the end of the dual mandate, to inform themselves of their powers and to use them judiciously.

The interpretation and application of the guidelines, which is the central issue in the Deputy's question, is a matter for each local authority. However, the managers and directors of services have a duty to ensure consistency among planners. This has given rise to the frustration expressed by the Deputy. They have a duty to ensure consistency among planners, both in terms of the interpretation and application of the guidelines. Leadership and example is required at the highest level. That is where the manager's role comes into play. After all, the manager is the chief planning officer and it is he or she who must ensure consistency. If there is inconsistency, a lack of transparency or a feeling that the guidelines are not being properly enforced, the councillors can raise that issue in open council.

I am not convinced by the argument that councillors are particularly powerless. If that argument is put forward often enough, the public will ask why we have councils at all. We have them because they have specific powers. However, I share the Deputy's concern on this matter. The guidelines are intended to have, and do have, statutory application. They are not something that is being operated on a pick and mix basis. They should apply consistently and we will continue to monitor them.

Deputy Cowley referred to the tragic case he brought to my attention. I had the pleasure of speaking with the gentleman concerned on several occasions. He should be listened to, and I have made certain points about his comments. At every local authority level, these guidelines are applicable and they should be operated in a transparent, open and consistent way.