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Public Accounts Committee: 2018 Financial Statements of An Bord Pleanála (3 Oct 2019)

Marc MacSharry: But that does not mean-----

Public Accounts Committee: 2018 Financial Statements of An Bord Pleanála (3 Oct 2019)

Marc MacSharry: We hope there are seven or eight members at most meetings. Is that not the case?

Public Accounts Committee: 2018 Financial Statements of An Bord Pleanála (3 Oct 2019)

Marc MacSharry: The board's function is split for reasons of efficiency. Is it the case that three board members deal with one group of 100 cases, another three deal with another 100 cases and a different three members would deal with a further 100 cases?

Public Accounts Committee: 2018 Financial Statements of An Bord Pleanála (3 Oct 2019)

Marc MacSharry: Is that permitted under the Act?

Public Accounts Committee: 2018 Financial Statements of An Bord Pleanála (3 Oct 2019)

Marc MacSharry: Does it state a quorum of three or does it specifically say that due to the volume of cases, it is well within the bounds of possibility that, in taking a decision, seven of the board members were not, as a matter of form, party to the decision?

Public Accounts Committee: 2018 Financial Statements of An Bord Pleanála (3 Oct 2019)

Marc MacSharry: I would not say it is widely known that on a daily basis the board operates as a matter of practice with three people taking a decision.

Public Accounts Committee: 2018 Financial Statements of An Bord Pleanála (3 Oct 2019)

Marc MacSharry: I was not the Minister. Mr. Walsh can raise that with him in a couple of minutes.

Public Accounts Committee: 2018 Financial Statements of An Bord Pleanála (3 Oct 2019)

Marc MacSharry: That is poor practice. I have had the impression that it was the board that was considering cases, and I think that is also true of the ordinary five-eights whom we are here to represent in terms of value for money, given the kind of decisions the board takes and the confidence that is placed in it by people and the State. The reality in practice is that three members of the board consider...

Public Accounts Committee: 2018 Financial Statements of An Bord Pleanála (3 Oct 2019)

Marc MacSharry: That is a revelation to me and I would like to think I know a little about the process.

Public Accounts Committee: 2018 Financial Statements of An Bord Pleanála (3 Oct 2019)

Marc MacSharry: I imagine it is a revelation to the public that we have a board that splinters due to the sheer volume of cases. It is our problem if the board does not have enough resources. While we might be meeting the rules of the game in terms of the legislation, I do not think we are meeting the spirit of the planning process in terms of the oversight we expect as consumers and the State by having...

Public Accounts Committee: 2018 Financial Statements of An Bord Pleanála (3 Oct 2019)

Marc MacSharry: It does not. Could a Minister say something has to get planning and it must go ahead?

Public Accounts Committee: 2018 Financial Statements of An Bord Pleanála (3 Oct 2019)

Marc MacSharry: Could a Minister overrule An Bord Pleanála and say a development is to go ahead or not, as the case may be?

Public Accounts Committee: 2018 Financial Statements of An Bord Pleanála (3 Oct 2019)

Marc MacSharry: I appreciate that. That is what I am getting at. I know it has not been used, but I want to find out if the provision exists because I think it does.

Public Accounts Committee: 2018 Financial Statements of An Bord Pleanála (3 Oct 2019)

Marc MacSharry: I appreciate it has not been used and I also appreciate that it may be the practice not to use it. That is up to the Minister and the Government of the day.

Public Accounts Committee: 2018 Financial Statements of An Bord Pleanála (3 Oct 2019)

Marc MacSharry: I get it. I understand that; it is if there is an emergency situation. I just want to establish on the record that the Minister or Government of the day can say in an emergency situation that a scheme is to get planning or not as the case may be. We have established that. That is good. In its deliberations as a board, does An Bord Pleanála take full account of the habitats...

Public Accounts Committee: 2018 Financial Statements of An Bord Pleanála (3 Oct 2019)

Marc MacSharry: In its deliberations as a board, would An Bord Pleanála take full account of Article 6.4 of the habitats directive, which is the imperative reason of overriding public interest? I am conscious that the board does not want us to discuss individual cases, so let us talk about a hypothetical case. Let us say a lake was infected with cryptosporidium and because the lake provided water to...

Public Accounts Committee: 2018 Financial Statements of An Bord Pleanála (3 Oct 2019)

Marc MacSharry: Would Mr. Walsh say that normally the unavailability of clean water to 13,000 families would constitute an emergency?

Public Accounts Committee: 2018 Financial Statements of An Bord Pleanála (3 Oct 2019)

Marc MacSharry: If I was part of one of the 13,000 families, I would probably feel it constituted an emergency.

Public Accounts Committee: 2018 Financial Statements of An Bord Pleanála (3 Oct 2019)

Marc MacSharry: Okay. Let us say there is not.

Public Accounts Committee: 2018 Financial Statements of An Bord Pleanála (3 Oct 2019)

Marc MacSharry: I am sorry, but we are not.

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