Denis O'Donovan (Fianna Fail)

I acknowledge the Minister of State is saying the provision affects only ports. This is what we are here to debate. Indirectly or directly, it will affect the ports in Cork, Bantry and Fenit, on which my good friend Senator Ned O'Sullivan spoke on Second Stage. He has grave concerns for many reasons because a shotgun marriage is being proposed in respect of Fenit port and the Shannon Foynes Port Company. The proposal will affect Sligo, Drogheda and other ports.

Irrespective of whether we like, An Bord Pleanála is the appeals body regarding many issues. This will not change my political life in that I am practical and pragmatic. Coming from rural Ireland, I have had long-term differences with An Bord Pleanála. The Minister may be right that, in respect of major developments in Dublin and Cork cities, he was sometimes saved by decisions of the board. However, in my 19 years as a member of a local authority, An Bord Pleanála had a very jaundiced view of rural Ireland and particularly planning associated with rural areas. One in 100 planning applications was accepted, and this was sometimes for spurious reasons.

I argued this point with An Bord Pleanála with regard the Sheep's Head peninsula, which adjoins Bantry Bay. The two most recent censuses show a population decline of almost 30% in my home village, Kilcrohane. Schools are closing. Mention was made of class sizes and in this respect it is almost a joke to refer to Rossnacaheragh-Ahakista school, which has 13 children and two teachers, and Kilcrohane school, which has 29 children and two teachers. This is not a big issue but it is ironic that the Minister for Community, Rural and Gaeltacht Affairs, Deputy Ó Cuív, is investing money to help CLÁR areas while An Bord Pleanála is not letting anyone build in them because the children might go to school, thus saving the schools, and because the football team might be supported. That is why I have a jaundiced view of An Bord Pleanála. In my political life, the decisions of An Bord Pleanála that reflected my viewpoint were as scarce as teeth in a duck.

With due respect to the Minister of State, An Bord Pleanála will not be an appeals body but — excuse the pun — the port of first call. While I accept those who opposed the plan for the Port of Cork, who may be articulate and well-heeled, may have some rights, I believe we either have a port or we do not. An Bord Pleanála, in its first test, shot down the proposal. In that instance, the 48 members of Cork County Council, which had jurisdiction, had no input into the planning decision.

The Planning and Development Act 2000 was to fast-track planning decisions. I spoke on this previously as a Member of the Seanad. Instead of proposing to continue to operate through the local authority and deal with material contraventions and with awful councillors, which I probably was from time to time, it was proposed that major infrastructural proposals would be dealt with directly by An Bord Pleanála. It was proposed that the local authority stage be skipped, which was undemocratic.

While I accept that many of the decisions will affect only ports, which could include those in Sligo, Bantry, Cork, Dundalk and Fenit, which is famous in more ways than one, An Bord Pleanála, as a consequence of the Planning and Development Act 2000, will not be dealing solely with appeals. The Minister of State should correct me if I am wrong but I believe that, on decisions on ports, foreshore rights, riparian rights and land acquisitions, An Bord Pleanála will be the port of first call and the normal planning process with which we grew up, involving decisions by county councillors, planners and engineers, in addition to material contraventions and rare section 4 motions, will be leapfrogged. We did not always get it right but we did so in 80% or 90% of cases. On a critical issue An Bord Pleanála was put to the forefront instead of the local authority. I may be wrong on that but I believe I am correct because this was a critical case involving the development of Cork port.

I emphasise that, to the best of my knowledge, the Cork Chamber of Commerce, the city manager, and the city councillors, although perhaps not unanimously, were agreed that something had to be done. The venue for first decision was An Bord Pleanála and it shot down the proposal. I heard the debate on it. I cannot say I am an expert on it but if that is the case, why is there not a mechanism in place whereby An Bord Pleanála can decide that there is a problem, put back the issue for two months and have public consultation with elected members and so on? I am concerned that it is being given a substantial power in this Bill. I fear that it examines the academic and technical planning reasons and not, as I mentioned in respect of Sheep's Head peninsula and the other planning applications, the socio-economic problems going forward in a country whose economy is in decline. We are talking about the construction of a fairly substantial container port shipment. I have seen similar projects in Rosario, Hong Kong and other countries where there has been major port development. We are missing the boat here.

An Bord Pleanála should consider what we are doing in regard to development in Ireland. I am not talking about mariculture or otherwise because the day will come when we might have another 150,000 people out of work and marching on the streets and we will ask why we allowed An Bord Pleanála let this happen, which would have created 50 or 60 jobs. I am not talking about destroying the infrastructure but Cork port is either a commercial port or it is not. An Bord Pleanála seems to be saying it is but it will not let it expand or develop. I do not like those decisions.