Paddy Burke (Fine Gael)

I join Senator Cummins in opposing this section. It is outrageous that the Department of Transport would give away the power to make compulsory purchase orders to An Bord Pleanála, a board in which I have little confidence. Let us be fair and frank about this. A compulsory purchase order is, as Senator O'Donovan said, a sledge-hammer tool. The former Minister for the Marine and Natural Resources, Deputy Fahey, gave Shell the power to make compulsory purchase orders to acquire land in north Mayo. If that power had been left to the local authority, there might not have been as many controversies in recent years and matters might have been easier for Shell. The power to make compulsory purchase orders was an unbelievable power to give to a company. Consider the powers being given to An Bord Pleanála in the Bill. The board is given compulsory purchase order powers with regard to "land, easements, rights over land (including wayleaves and public rights of way), rights over land or water or other such functions as may be necessary". That is a huge power.

Under this legislation, the control of many harbours and piers will be vested in port authorities. Will the compulsory purchase order power be given to An Bord Pleanála only in those cases? Other harbours and piers are still under the control of local authorities. Local authorities have compulsory purchase order powers but will An Bord Pleanála now have compulsory purchase order powers for all the harbours and piers throughout the country? It is not clear from the legislation before us. As Senator O'Donovan mentioned, there are many figures and amendments to sections included in this section, and one would have to be a genius to figure out what is actually contained in it. Senator Cummins and I oppose it. I am sceptical about giving compulsory purchase order power to An Bord Pleanála.

Why could that power not be vested in the local authorities? Local authorities have done a wonderful job over many decades in using the power of compulsory purchase, be it for road widening, harbours, piers, housing and many other functions. I would have far more confidence in the local authorities. The local authority is an accountable body through its elected members. An Bord Pleanála is not accountable to anybody. If one asks the Minister about An Bord Pleanála, he will say he has no power over it. It is an unelected body that is unaccountable. The Minister is going down a dangerous road with this provision and I support Senator Cummins in opposing it.