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Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Kieran O'Donnell: The practical application of them is that-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Kieran O'Donnell: They are statutory on the basis-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Kieran O'Donnell: Hold on a second.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Kieran O'Donnell: You have to be materially consistent-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Kieran O'Donnell: If the Deputy wants an answer-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Kieran O'Donnell: Without plagiarising the Deputy, I have the floor.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Kieran O'Donnell: I would prefer if I did not have to do that but ultimately-----

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Kieran O'Donnell: The practical import is that we are bringing in legislation that will provide for national planning statements. We are giving them statutory effect whereby local area plans, in every aspect, have to be materially consistent with what is in national planning statements. What the legislation effectively does, and this will probably bring better clarity, is empower the Minister to issue, with...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Kieran O'Donnell: They are statutory in that the legislation will empower the Minister to prepare these national planning statements, which are approved by the Cabinet. The local authority plans must be materially consistent with national planning statements.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Kieran O'Donnell: Ultimately, it will be down to individual local authorities to have practical application for them within their own development plans based on what is set out in them and to be materially consistent with national planning statements. The national planning statements will be approved by the Cabinet, as distinct to being approved by just the Minister.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Kieran O'Donnell: No, they are policy.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Kieran O'Donnell: The Department, in preparing this, will go through the normal way and it will be looked at legally by the Office of the Attorney General. Once again, the Government takes the view that policy is set by the Government. We are looking to strengthen, and provide more consistency in, the application of policy statements that issue from the Government or policy outlines, which is why we have put...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Kieran O'Donnell: We take the same view. Policy is set by the Government. We have discussed this principle at length and the same principle applies here.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Kieran O'Donnell: I was being consistent with my view on previous amendments.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Kieran O'Donnell: Material consistency.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Kieran O'Donnell: In response to Deputy Ó Broin, fundamentally, we are consistent in our approach whereby it is the Government that sets policy. Under section 24(2), there is nothing to stop a Minister, whomever that may be, from consulting with whatever public bodies he or she considers appropriate. There is nothing to stop a Minister from coming to an Oireachtas committee. To deal with Deputy Ó...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Kieran O'Donnell: We believe that policy decision should lie with the Government. Deputy Ó Broin referred to the Mahon tribunal. Under section 65, the Minister is required to consult with the Office of the Planning Regulator. The latter has a very precise role; it very much operates independently. It is there to ensure that plans all meet in line with the national planning framework, various national...

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Kieran O'Donnell: In section 65, the Minister obviously has to get the approval of the Government. However, the Minister has to consult with the Office of the Planning Regulator. The setting up of the regulator was a key recommendation of the Mahon tribunal.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Kieran O'Donnell: Once again, the Government takes the view that this process is robust. It only applies in urgent situations. It has the approval of the Cabinet. Before issuing the recommendation, not after, the Minister shall consult with the Office of the Planning Regulator. We believe it is robust.

Select Committee on Housing, Planning and Local Government: Planning and Development Bill 2023: Committee Stage (Resumed) (21 Feb 2024)

Kieran O'Donnell: From what the Deputy read out, Mahon recommended that the decision lie with the Planning Regulator. We are consulting with the Planning Regulator. We take the view that we, as the sovereign Government of the State, make decisions on policy. We can beg to differ on it-----

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