Michael McCarthy (Labour)

I agree with Senator Maurice Cummins in his opposition to section 7, which deals with the proposed transfer of certain ministerial functions to An Bord Pleanála, a proposal which should concern us all.

The explanatory memorandum states:

This amendment to the Planning and Development Act 2000 provides for the transfer of functions from the Minister for Transport to An Bord Pleanála in the context of the compulsory acquisition of land by port companies. This transfer is similar in nature to that effected by the Planning and Development (Strategic Infrastructure) Act 2006 with regard to the compulsory acquisition of land by Aer Rianta (now the Dublin Airport Authority).

We all began our political careers in local authorities. I sat on Cork County Council for the Skibbereen electoral area while Senator Denis O'Donovan was a member for the Bantry electoral area. A Leas-Chathaoirligh, you began your political career as a member of Mayo County Council. With the abolition of the dual mandate, we are no longer local authority members but as Senators, Deputies or MEPs, we are still public representatives. We have been put into this position by those in our communities entitled to vote on the electoral register — that was before the then Minister for the Environment, Heritage and Local Government, Deputy Dick Roche, messed it up. Our communities rightly look to us for assistance with planning applications.

Every day, as members of local authorities, we would have dealt with general planning applications and issues regarding one-off rural housing. The planning system, for all its faults, does on occasion turn up the result we seek. Throughout the planning process, there are various stages at which people can make observations concerning an application. A public representative has access to engineers and planners who provide two major reports on any planning application. Senator Denis O'Donovan already referred to the assistant county manager in west Cork who is a model of public service and listens and engages with local authority members.

I have never found that same level of co-operation and service with An Bord Pleanála. It frightens me that we are expanding its role in this Bill. It is an organisation that is almost secretive. Members have always complained in debates on rural planning issues about the role of An Taisce but I cannot identify any people attached to An Bord Pleanála. Any decision referred to it is dealt with in a closed-shop fashion. It is extremely difficult to speak to its members or get an insight into its decisions. Any of its decisions are published on its website meaning public representatives only have the same access as everyone else. We cannot get into the board's insight or thinking.

Regarding strategic infrastructure, the inspector from An Bord Pleanála gave eight reasons why the proposed hazardous waste incinerator to be located in Cork's lower harbour should not proceed. However, An Bord Pleanála ignored the advice of its own inspector and granted planning permission. I am not convinced An Bord Pleanála should be left to its own devices. Some element of local democracy needs to be injected into the organisation.

I am vehemently opposed to section 7. Senator Denis O'Donovan rightly pointed out that in years to come it will be asked were these points raised when the Bill was going through the Seanad. I am glad the record of the House will reflect the concerns and reservations of Members from all sides.

I accept the Minister of State at the Department of Transport, Deputy Noel Ahern, is operating under instruction and to tight parameters. When he was Minister of State at the Department of the Environment, Heritage and Local Government, we had many frank and robust exchanges on the planning process in the House. Will he examine section 7 and understand it from the perspective of local authority members and the people? Local authority members are entitled to some reward from participating in local government elections. It is not good enough that we can give this kind of power to An Bord Pleanála. It is in our gift to stop this going through.