Thomas Byrne (Fianna Fail)

I am pleased the Minister described the road as "terrifying", which is the case. It is gratifying that this has been acknowledged. Everyone knows that. I am astounded by the volume of comments on my Facebook page in recent days. People referred to their fear on the road and how they must constantly look through the rear-view mirror. I wondered why I did not experience that myself. The reason is because I avoid the road as much as possible. I use alternative routes if I can avoid the road. I hardly ever drive down the hill.

I am disappointed at the response. It appears that the NRA and the Minister are putting up their hands and accepting the defeat. If the shoe were on the other foot and the road were approved, one could bet one's life that the objectors would go straight down to the High Court. In looking for a response from the council and the NRA within 90 days, the Minister is, in effect, ruling out a High Court challenge because there is an eight week time limit on planning cases. That is most unfortunate. I urge the Minister to reconsider. At the very least he should consider going to the High Court. I do not say we should drop everything and run down there now but at least get the legal advice and do it within the time because there are serious issues with this judgment and if I were a Minister I would not want An Bord Pleanála deciding roads policy. That is not its function.

The function of the bord is planning and it has raised some planning issues, but it has also raised issues to do with roads policy in stating that a bypass should not be built unless all of the alternative options are examined. As someone said, a precedent appears to have been set in this regard in that if a tolled road is located parallel to a village it will not get approval for a bypass from An Bord Pleanála. That is not a planning matter. It is a matter for democratic decision making.

I am trying to highlight to the Garda the necessity for enforcement in this regard and I would like the National Roads Authority to do that also. We will keep up the pressure from this side of the House. Everybody is agreed on the need for this bypass. I accept the Minister will issue a response soon but I would like to see even more urgency on this issue.