Seanad debates

Tuesday, 1 December 2009

Planning and Development (Amendment) Bill 2009: Report and Final Stages

 

12:00 pm

Photo of Paudie CoffeyPaudie Coffey (Fine Gael)

I refer to the comments of Senator Cummins. Those of us on this side of the House understand and appreciate that clarifications and consultations must take place with the Parliamentary Counsel and the Attorney General with regard to amendments before the House. We fully understand this is part of the parliamentary process. We have a difficulty with the Bill being rushed through the House. It is fair enough that the Minister of State must await advice from the Parliamentary Counsel or the Attorney General but Report Stage should not have been taken until these consultations had been finalised. That would show more respect to the House and make it more relevant if Report Stage had been delayed. I do not blame the Minister of State because the ordering of business is the cause of the problem. Account needs to be taken of this when dealing with future legislation. If advice is needed from the Parliamentary Counsel on amendments tabled by the Opposition, we should be given the benefit of that advice when the various Stages of a Bill are being taken. That is our problem. We appreciate the Minister of State needs clarification.

With regard to the efficiencies achieved by and throughput of An Bord Pleanála, the Minister of State outlined the logic behind this section but in a few years will Bills be introduced to reduce the quorum to one, as happens in other jurisdictions? That is not the way we should go. We are supposed to have an objective and impartial appeals body, which is supposed to reflect a cross-section of views in society. Some commentators argue rural Ireland is not adequately reflected in the appointees to An Bord Pleanála but that is a debate for another day. The number of appeals must be slowing down in the current economic climate. Staff numbers in planning departments of local authorities have been cut from ten or 12 to two or three and, as a consequence, the number of appeals to the board will reduce significantly. Is this legislation being introduced after the horse has bolted?

Perhaps this is not the correct way to deal with the achievement of efficiencies within An Bord Pleanála. If the Minister of State and the Department are serious in this regard, they should review how the board does its business. Reform of the board could be considered in separate legislation. This is not the proper Bill to insert such a provision. It will not achieve significant efficiencies; it will interfere with the powers of members of the board. I have a difficulty with this and will press the amendment.

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