Seanad debates

Wednesday, 25 November 2009

Planning and Development (Amendment) Bill 2009: Committee Stage (Resumed)

 

7:00 pm

Photo of Paudie CoffeyPaudie Coffey (Fine Gael)

I move amendment No. 39:

In page 23, to delete lines 5 to 9.

This amendment pertains to the proposed new section 31(12), which states:

The inspector appointed under subsection (11)(b) shall be a person who, in the opinion of the Minister, has satisfactory experience and competence to perform the functions required of him or her pursuant to this section and shall be independent in the performance of his or her [duties].

Fine Gael is concerned about the wording of this provision. While reference is made in this part of the Bill to an inspector, no definition or indication is given as to who that inspector will be. Is it intended that the Minister will have power to appoint a completely new category of inspector or is it intended to be an inspector appointed by An Bord Pleanála? This is a reflection on the Bill's complexity and clarity is required in respect of its wording in order that it will not be subject to challenges when it is being enforced or implemented. I do not believe there is a clear definition of the inspector or the process of appointing that inspector. The Minister of State should clarify this point for me further.

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