Mattie McGrath (Tipperary, Independent)
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I thank the Ceann Comhairle for allowing this Topical Issue. I am disappointed that the Minister for housing, Deputy Darragh O'Brien, is not present. I wish the Ceann Comhairle, the staff, the gardaí and everyone else a happy, holy and safe Cásca, or Easter. It is very important that we reflect during the time of Holy Week, Easter Sunday and the risen Lord.

I am raising the urgent need for an emergency ministerial order, a statutory instrument, pausing planning enforcement proceedings on log cabins where continuing with such proceedings will cause further homelessness. This can be done. The Minister for housing signed a similar statutory instrument exempting certain developments from planning permission for housing Ukrainian refugees. We need a similar measure for homeless Irish citizens. The Minister, Deputy O'Brien, signed the European Union (Planning and Development) (Displaced Persons From Ukraine Temporary Protection) Regulations 2022, SI 306/2022. The regulation, which came into effect on 23 June 2022, provides that certain classes of temporary development, including residential accommodation, undertaken by or on behalf of the State authority to provide protection to displaced persons from Ukraine will be exempt from the housing and planning and development Acts other than for environmental considerations. The specified development classes will not require planning permission for the period that the regulations are in place and will not be subject to the various restrictions that would normally apply to classes of exempted development.

In welcoming the publication at that time, the Minister, Deputy O'Brien, stated that his Department had committed to working with the Department of Children, Equality, Disability, Integration and Youth to provide urgently needed shelter and support to Ukrainian refugees. These guidelines will fast-track the development of temporary accommodation, including modular units, by or on behalf of the State authorities by removing the requirement to seek planning permission, where appropriate.

I am currently dealing with case of Sean Meehan, from Woodinstown, Cahir, a proud 66-year-old Irishman from a republican family, a good, decent, republican man who fell into difficulties in his marriage. I have permission to mention his name. He had a separation and was legally divorced. He bought a plot of land and put a mobile home on it. He carefully crafted a lovely wood exterior and also insulated it, so it is very warm and comfortable for him, his cat and his dog. Lo and behold, he is before the courts and threatened-----

Seán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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If he is before the courts, we had better not get into it as it is sub judice.

Mattie McGrath (Tipperary, Independent)
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It is. A statutory instrument can be signed in his case. I know of at least 12 others in south Tipperary. Some have removed their lovely log cabins – they were forced to remove them by the local planning authority. This is ridiculous in a housing crisis where people want to house themselves and are able to house themselves in a sensitive way that is aesthetically pleasing and does not cause any blockage.

I want this statutory amendment signed immediately. We have not had a review of the planning guidelines for 20 years and we are crying out for it. We were promised this by the last Government, and Fianna Fáil and Fine Gael promised it during the election. We are now told the tail is wagging the dog. The Green Party tail is swishing all over the place and stopping the Government from introducing these planning guidelines. Twenty years on, we do not have them changed. These new planning guidelines could be included with this statutory instrument; it could be signed the week after next, when we come back here. It needs to be signed, in the middle of this housing crisis, to allow people like Mr. Meehan and others to live in their own comfortable abodes that they provided themselves at no cost to the State.

Niall Collins (Limerick County, Fianna Fail)
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I thank the Deputy for raising this Topical Issue on planning enforcement proceedings in respect of the unauthorised development of log cabins. I would point out that, under section 30 of the Planning and Development Act 2000, as amended, the Minister with responsibility for planning is specifically precluded from exercising any power or control in respect of any particular case with which a planning authority or the board is or may be concerned. This includes matters relating to enforcement under Part VIII of the Act by any planning authority.

Regarding the specific motion submitted by Deputy McGrath, the position is that all development proposals require planning permission unless they are specifically exempted under the Act or the supplementary Planning and Development Regulations 2001, as amended. In addition, national planning policy, guidelines and legislation do not dictate the types of material that must be used for housing. Accordingly, there is no prohibition on the use of timber in the construction of a house from a planning perspective, subject to the overall proposal for planning permission being in accordance with national, regional and local planning policy. Nor are there restrictions under the planning code on any person to apply for planning permission in respect of modular or log cabin-type accommodation. Furthermore, a range of factors have to be taken into account in the assessment of proposals for all forms of housing, including modular housing or log cabins, for example, requirements for access, car parking and amenity space as well as separate services such as water, drainage and electricity. It must also be noted that such proposals may also have implications for neighbouring properties and the visual amenity and character of the area, which must also be taken into consideration in the determination of a planning application.

An application for planning permission provides an opportunity for members of the public to make submissions or observations in respect of the proposed development. The planning authority is required to have regard to any submissions or observations received on a planning application during the public participation process in accordance with section 34 of the Act.

Importantly, it should be noted that Part VIII of the Act does not provide any regulation-making powers to the Minister with responsibility for planning in respect of enforcement. As such, this precludes the making of regulations that would allow for the pausing of enforcement proceedings in individual cases. Therefore, the issue raised is a matter for the relevant planning authority to investigate as appropriate on a case-by-case basis in accordance with section 153 of the Act. The decision to issue an enforcement notice in respect of an unauthorised development, and the contents of any such notice, is a matter for the relevant planning authority under section 154 of the Act.

Mattie McGrath (Tipperary, Independent)
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I am very disappointed with that reply. The Minister of State mentioned that timber was not a problem. One of the two reasons the person I am referring to was twice refused planning permission by the county council had to do with the nature and aesthetics of the structure. That means the timber. Negotiations are ongoing and he has been told that if he plasters or renders it, he might get planning permission. That is baloney. We are approaching Easter Sunday - Domhnach Cásca - when we will celebrate our freedom fighters who gave their lives in 1916. A week later, we will celebrate Liam Lynch, who lost his life only 15 miles away from the case I am raising. Despite all of that, this is what the Minister of State is telling the Irish people. We can introduce regulations allowing people to come into Ireland from a war-torn country - I have no problem with that - but we cannot introduce regulations for our own citizens. What is wrong with our Government? What is wrong with our people?

The Minister of State is wrong. The Minister, Deputy O'Brien, informed me in the Dáil that he had written to Tipperary County Council asking it to relax the guidelines, but he had not. I was misled in the Dáil. He had not written to the council at all. What is wrong with our people that we cannot allow them this? I am dealing with a number of people who have removed these beautiful log cabins. I have a man from Galbally in the Minister of State's constituency in contact with me. These people are all over the country. I estimate there are up to 10,000 of them, so instead of 15,000 people being homeless, we will have 25,000. What is this Government thinking as we approach Easter week? What of the gallant men of 1916 and 1921-23? My goodness, to do this to Irish men and women in the name of dead generations. The Minister of State is from a rural constituency, so he is well aware of the issue. I mentioned the man from Galbally, but in the Tipperary man's case, he had fallen on tough times and was separated. The standard that Tipperary County Council wishes to apply in respect of local need is ridiculous and too high. The Minister of State and his officials need to consider this matter because-----

Seán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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If I could interpret this for a moment, what the Deputy and the Minister of State are at odds about here is that we are being told that, legally, the Minister has no authority to enact legislation to overrule an enforcement order. The local authority, on the other hand, has the wherewithal to withdraw its enforcement actions.

Mattie McGrath (Tipperary, Independent)
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Of course, but I am asking for a statutory-----

Seán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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The Minister of State is telling the Deputy that-----

Mattie McGrath (Tipperary, Independent)
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No. Sorry, a Cheann Comhairle-----

Seán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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Wait. The Minister of State is saying that the Minister does not have the statutory power to supersede an enforcement order.

Mattie McGrath (Tipperary, Independent)
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I accept that.

Seán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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He would have the statutory power to introduce a new provision providing that local authorities would deal with other cases not the subject of enforcement.

Mattie McGrath (Tipperary, Independent)
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Yes.

Seán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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That is my reading of what the Minister of State is saying to us.

Mattie McGrath (Tipperary, Independent)
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That is the Topical Issue I submitted - a statutory instrument to allow for-----

Seán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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Can we hear from the Minister of State?

Mattie McGrath (Tipperary, Independent)
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There are thousands of these cases all over the country, including in the cities. That is what I am looking for. It is one pillar, and a very good one, to solve our housing crisis.

Seán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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I call the Minister of State, please. I am not trying to complicate this.

Niall Collins (Limerick County, Fianna Fail)
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Of course, and I fully understand the points the Deputy is making. I come across this issue in my own constituency regularly. The Deputy pointed out an instance in my constituency of which he was aware.

I will make the Minister aware of the points that the Deputy has raised. The Minister cannot halt an enforcement. Under the law of the land, he cannot step in and write a statutory instrument or create a regulation to halt an enforcement. He just does not have that authority or power as Minister under the planning Act, as the Deputy will appreciate. However, there are ways that the local authority in question can deal with it. Enforcement is one way, and the Deputy is trying to find a way out of that. The individual can apply for retention. Depending on the outcome of that application, he could apply to An Bord Pleanála for the board to consider the matter. He could vary the proposal and make another application. There are many avenues open here, but the Minister does not have an avenue open to him to create a statutory instrument or regulation to intervene in enforcement proceedings that are before the court.