Noel Ahern (Dublin North West, Fianna Fail)

I do not necessarily like the role of standing up for An Bord Pleanála but I am sure in all those decisions in the Senator's constituency or any other constituency it takes into account the decision of the local authority and the development plan of the area. I presume the development plan would take account of many of the other issues about which the Senator spoke.

It is the case that in recent years we have expanded the role of An Bord Pleanála, particularly in the strategic infrastructure legislation passed about two years ago. What was done in Cork was done to streamline the process and to ensure applications would not be a year with the local authority awaiting a decision and then perhaps another year with An Bord Pleanála. It was designed to speed up the process and to ensure there was a thorough examination of applications without the same argument being put forward several times or, in some cases, people bringing a case to court where the argument would be made all over again.

Under the strategic infrastructure legislation, An Bord Pleanála is now the determining body in respect of planning approvals for major infrastructural developments at commercial ports. The Senator is right to say that in this case it is not the appeals board. It is the first adjudicator, so to speak, but under the strategic infrastructure legislation, where it is deciding on major developments sent to it, it is common sense that it would also be the determining body with regard to adjudicating on applications for compulsory purchase order. It would not make sense to put that through a longer process. They are intertwined. If it is deciding on the major development, why can it not decide on the CPO?

For good or for bad, this has been the trend for a number of years. What the Department of Transport is putting in this Bill is logical and is in conformity with best practice as done in other legislation such as that dealing with the airports. While several Members lauded what the local authorities do, many of the powers of the local authority on CPOs have been given to An Bord Pleanála in recent years and it is now deemed to be the experts. The power about which we speak has been rarely used in the past 12 years — by the local authority or whoever. It is used only as a last resort when required. This is a logical, consistent measure. We are applying the same best practice to CPOs on ports as we apply to airports. That is why we are inserting what I believe is a good measure in the Bill.