James Bannon (Fine Gael)

I move amendment No. 4:

In page 5, to delete lines 15 to 50, to delete pages 6 to 18 inclusive, and in page 9, to delete lines 1 to 7.

Section 14 attempts to allow the Minister to exercise his or her discretion. This is a retrograde step which removes any constraints on the Minister and represents an attempt to prevent any intervention by the courts regarding ministerial decisions by putting his or her ruling beyond judicial challenge. The criteria to which the Minister must conform are deliberately obscure to the point of being almost unintelligible. The scope of this proposal goes far beyond the Carrickmines situation and seeks to prevent any future challenge in respect of a wide range of national monuments. The Bill is concerned with the removal of both legislative and judicial safeguards.

This section proposes a role for An Bord Pleanála which effectively ties its hands. Directions by the Minister must only be conveyed to An Bord Pleanála by the National Roads Authority, NRA. The process is complicated and An Bord Pleanála is constrained in deciding that any material alterations are likely to have an adverse effect on the environment. It has no role in terms of the national monuments aspect of the Bill. I am not happy with this and propose the deletions as outlined in the amendment to address the issue.

Perhaps the Minister of State will take this on board. I am not happy that many powers are being vested in the Minister for the Environment, Heritage and Local Government who does not have the confidence of the public following the e-voting and other debacles.