Richard Bruton (Dublin North Central, Fine Gael)
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Before the Minister of State, Deputy Brendan Smith, leaves the Chamber, I have to say that his explanation that the community care service in Dublin can absorb €6.83 million worth of special programmes for people who could be kept out of hospital, defies any understanding of what is happening in community care in the city. I know he has taken note of what Deputy O'Connor wisely said to him, but perhaps he can also take note of my point.

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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Yes.

Richard Bruton (Dublin North Central, Fine Gael)
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I am glad of the opportunity to raise this serious issue. An Bord Pleanála recently decided to designate the infill of 52 acres in Dublin Bay as a strategic infrastructure. This means that it can proceed to planning permission without going to Dublin City Council. It will go straight to the board for a decision, so it cuts out the entire democratic element of the decision process. This is disturbing for several reasons, one of which is that the Government decided that Dublin City Council should draft a development plan for what should happen in the bay. That role was given to the council under the Planning Act 2000 and it is in the middle of preparing that document.

The document would balance all the different interests, including commercial, port, community and amenity. It was going to be a vital document that would balance such interests, instead of which we have a wholly owned State company seeking to pre-empt a Government decision giving this authority to Dublin City Council. It is unacceptable and shows the lack of joined-up thinking within Government, which allows agencies to paddle their own canoe. It has happened at a time when it is pre-empting the Government's own decision to have a review of the most appropriate location for future port capacity.

The Government indicated that it will deliberate on this matter and make decisions. It recently indicated that it sees potential in Bremore Port and has sanctioned development there. It is wrong to move in this way before the Government has made its strategy clear, thus pre-empting important decisions. The Government indicated in the programme for Government that it will establish a task force for the protection of Dublin Bay to maximise its potential for the citizens of Dublin and that it will consider legislation if necessary to deliver that. However, we clearly now have a pre-emptive move by a wholly-owned State company to prevent the Government from doing what it has set out in the programme for Government. This undermines a democratic process that was decided upon by the Government.

It also undermines State policy on picking the most appropriate location. The Government should decide policy directions, rather than allowing individual agencies in pursuit of their own commercial interests, which is what is at stake here, to scuttle Government policy. Like many others, I am content to allow the process the Government has agreed upon to take its natural course. We will live with the outcome as best we can, regardless of whether people are happy with it. We need some joined-up thinking in Government whereby one can start to put teeth behind one's own intention.

My worry is that we will sleep-walk through this issue. A strategic planning application will go to the board, a decision will be made and the Government will be caught flat-footed because the task force for Dublin Bay still has not been established, the strategic plan for ports has not been decided and Dublin City Council's development plan is totally frustrated. That is not joined-up thinking. The Minister of State should say what the Government's strategy is so that we can obtain a proper balance and achieve a fair method of making this decision.

Tony Killeen (Clare, Fianna Fail)
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I thank Deputy Bruton for raising this important matter to which I am responding on behalf of the Minister for the Environment, Heritage and Local Government, Deputy John Gormley.

At the outset, I wish to make it clear that under section 30 of the Planning and Development Act 2000, the Minister is precluded from exercising any power or control concerning any individual planning application or appeal with which a planning authority or An Bord Pleanála is or may be concerned.

As regards the particular project proposal referred to, the Department has made general inquiries with the board and understands that the Dublin Port Company was advised on 20 November 2007, following consultation with the board, of this project's designation as strategic infrastructure. However, the board has not yet received any formal application from the Dublin Port Company.

In the event that an application is received in respect of the project referred to, the Act requires the board to notify Dublin City Council, as the planning authority within whose area the proposed project would be situated, that an application for strategic infrastructure development has been received.

The Act requires the manager of the relevant planning authority to prepare a report on the likely effects of the proposed development on the proper planning and sustainable development of the area. The views of the elected members of the planning authority must also be sought and attached to the manager's report. In making a determination on such an application, the board is required to consider this report.

Furthermore, as any proposed development may also have implications for the designated bird habitats in Dublin Bay, the Department of the Environment, Heritage and Local Government will have to be consulted on the natural heritage implications of the proposal, as set out in the environmental impact study. In the coming weeks, the Minister, Deputy Gormley, intends to publish revised and extended boundaries for the Dublin Bay special protection areas for birds.

The national development plan includes a proposal to undertake a comprehensive study of the role of Dublin Port. This is being put in train by the Department of Transport, which has advertised for a consultancy firm to undertake the study this year. This is intended to address the role of Dublin Port and its future, taking account of, inter alia, all-island port capacity, wider transport and urban development policies, the national spatial strategy and national economic policy. It will examine the feasibility, costs and benefits of various scenarios concerning Dublin Port, including relocating all or part of Dublin Port's existing activities to an alternative location or locations; existing port activities continuing to expand with demand; and port activities continuing at current levels with growth being catered for at alternative locations.

In accordance with the Government commitment, the study will take account of the findings of the research commissioned by Dublin City Council on the role of Dublin Bay and the Dublin port area. It will also be framed in the context of urban development policy and implementation of the national spatial strategy, which fall within the remit of the Department of the Environment, Heritage and Local Government.

The programme for Government has also committed to establishing a Dublin Bay area task force to protect the bay area and to maximise the potential of the bay for the city's residents. The task force's work encompasses a broad range of environmental, economic, social and heritage issues and will build on the work undertaken by Dublin City Council and relevant stakeholders in Dublin Bay.

The Department of the Environment, Heritage and Local Government and the Department of Transport have agreed that both the NDP Dublin Port study and the task force can progress simultaneously. It is intended that the Dublin Port study will be completed before the task force finalises its work.

The terms of reference, composition and operational arrangements of the Dublin Bay task force are being finalised and will reflect the Minister's determination that key stakeholders and decision-makers will be represented to ensure that a comprehensive strategy for the bay is devised and implemented. Any relevant decisions of An Bord Pleanála on Dublin Bay will be taken into account by the task force. As I have already outlined, it is clear that the future of Dublin Bay is being considered in a holistic and sustainable way, with key decision-makers and stakeholders working together towards a shared future vision for the bay.