Paudie Coffey (Fine Gael)

This section pertains to An Bord Pleanála and the required quorum to decide on applications before it.

In this section the Minister proposes to reduce the quorum from three to two. We oppose this idea and section because we see no logic in reducing the quorum and wonder what it will achieve. I understand that during the construction boom An Bord Pleanála was under serious pressure because of the number of applications before it. In the current climate, however, this move is not necessary.

In his speech the Minister stated "Section 28 amends the principal Act to empower An Bord Pleanála to reduce the quorum for meetings from three members to two on the recommendation of the chairperson that such a reduction is necessary to ensure the efficient discharge of the business of the board". We do not agree because we cannot see why An Bord Pleanála would put so much emphasis on the board. The Government emphasises the fact that An Bord Pleanála is widely representative of society yet there is the ridiculous situation that only two random members can be left to make legally binding decisions and in doing so can apply their own views unchecked. This does not achieve anything.

According to the explanatory memorandum "If a meeting where a quorum is 2 is evenly divided on a vote, the matter shall be referred to a meeting where the quorum is 3". This is unnecessary layering and bureaucracy. The existing legislation, which requires three members for a quorum, should remain. This proposal is completely at odds with the idea of comprehensive and balanced decision-making and raises the issue of potential deadlock between the two board members and difficulty in determining whether a borderline case requires the consideration of a third member.

I am calling for a review of An Bord Pleanála and earlier outlined some serious issues I have with the manner in which it carries out its work. I mentioned specific cases and I hope the Minister of State and his officials were listening. This may not be the legislation in which to address the review and reform of An Bord Pleanála. It needs more transparency and integrity in the way it deals with the matters before it. This section does not improve the legislation. Reducing the quorum from three to two is a measure to try to create efficiencies that are no longer relevant. There will be cases in which the two will reach a deadlock and have to return to a quorum of three. This is unnecessary and we oppose it.