Michael Finneran (Roscommon-South Leitrim, Fianna Fail)

I reject completely the assertion of any disrespect to this House or that the Bill is being rushed. Of the 31 amendments in front of this House, owing to proper investigation and judgment by the Parliamentary Counsel and Attorney General, approximately six need further study by those offices. It is appropriate this is done so that the proper response to amendments is given. Legislation is not treated differently in this House compared with the other House. Any Bill must return to the House in which it was initiated. Any of the responses we are dealing with tonight are as a result of debate in this House. I have given all the time necessary to this Bill. I have given the responses of the Parliamentary Counsel and the Attorney General on the amendments they have dealt with.

Section 28 refers to section 108 of the principal Act which relates to the quorum of An Bord Pleanála. It is now proposed to assist the board in achieving efficiencies of operation by providing a reduction of the current statutory required quorum of the board members from three to two for the purposes of determining certain classes of routine cases. Fine Gael Senators opposed the entire section on Committee Stage on the basis they are not convinced that the reduction in the quorum will solve the issue of time delays in the process. As I have stated on Committee Stage, this provision is a flexible facilitation mechanism for the board. It is estimated that more than 60% of the current case load will be affected by this proposal, offering a significant potential for improved performance. It would also allow for more board time to be allocated to complex and economically significant cases. I have also outlined the appropriate safeguards in place in the event of a disagreement. For these reasons I commend section 28 to be part of the Bill.

The chairperson or the deputy chairperson of the board will have the power to recommend which cases are suitable for a reduced quorum. Cases as outlined are outside the proposed provision. The provision of this amendment will not apply in respect of the following case types: developments that would materially contravene the relevant development plan, strategic infrastructure development or a development or class of development referred to in the regulations made under section 176 EIA type developments. If there is a meeting with a quorum of two and it is evenly divided on a vote, the matter should be referred to a meeting where there is a quorum of three. The board has achieved a significant reduction in its caseload backlog, moving to 1,653 cases on hand, a decrease of 43%, compared with the 2,900 cases for the same period in 2008. The board's 18-week compliance rate for 2008 was 23%. It is envisaged that in the coming months this will double to 50% and will continue to rise in 2010, aided by this amendment of the principal Act.

The matter of the determination will be as a result of the inspector making his or her recommendation to the board. In other jurisdictions cases such as this are dealt with by an inspector and do not go to the board at all. We still continue to have two members of the board adjudicating after the inspector has made his or her recommendation and that the chairperson has decided in those cases it is suitable to go for a quorum of two persons.