Dick Roche (Wicklow, Fianna Fail)

It does. I understand the sentiment behind the Senator's proposition to delete the proportionality clause. I gave the amendment substantial consideration but I cannot accept it. I will explain my reason because the Senator deserves an explanation.

A case arose a number of years ago where a council sought contributions which were disproportionate and the case was referred to An Bord Pleanála. The council ended up with egg all over its face and nothing to show for it.

It is important we maintain the issue of fairness in the Bill. The reference to community gain in the subsection provides for the community gain being proportionate. If we were not to insert that provision, we would find ourselves in difficulty. I had a discussion on this matter with the Parliamentary Counsel because of my experience in planning. The clause is inserted on foot of discussions with the Parliamentary Counsel to ensure the provision of any condition imposed would not be challenged as unfair. It is important that the issue of fair play is reflected in the Bill.

As with the previous amendment, I gave some thought to this amendment, but the overwhelming argument is to insert the reference to proportionality. Furthermore, it is perfectly reasonable to ensure a condition to provide community gain is not used as a way of refusing permission by the backdoor, which is another issue.

While I appreciate the sentiment the Senator wishes to incorporate in this subsection, the inclusion of the proportionality clause is prudent. It would leave the Bill open to challenge as being unfair if we were not to insert it. Overall, the arguments are strongly in favour of leaving in the clause. I ask the Senator not to press his amendment, which I gave a fair amount of consideration.