Victor Boyhan (Independent) | Oireachtas source

The Minister is being transparent and it is all very helpful. We are all very familiar with the critical infrastructure applications and fast-tracking to the board. We all understand it. That is not a problem. The point the Minister seems to be missing is the right of citizens to engage in the process. I have previously put in observations to a strategic infrastructure development board and I had to put my hand deep into my pocket to pay the board fees. I was involved with an oral hearing with the board. It took it a year and a half to make a decision. That is the famous board in which the Minister has all the confidence and expectation. I was an elected representative and I constantly had to put my hand into my pocket to make views known. That is the reality of it. That is not right and proper. It is not open or democratic engagement with a quasi-judicial planning process. I have no problem going on the record and paying a fee but not the mad fees the board is choosing. That is the important bit.

Let us deal with the Bill before us. This is a fast-tracking process. I have no difficulty with what the Minister is trying to achieve but there is a democratic deficit. It is the right of Johnny the citizen to say he wants to make his view known on something that impacts on his home, local school or community centre. Under the scheme, he will not have the right to go to the local authority and will have to go to the board. If he is unhappy with the board, he has no right of appeal. The Minister and his officials keep coming back and saying there is the judicial review route. Judicial reviews cost a lot of money, and the substantive issue is not judicially reviewed; only the process can be judicially reviewed. It can deliberate on whether the system has erred or strayed in process but not on the substantive issue of the development.

Let us deal with the Bill before us. This is a fast-tracking process. I have no difficulty with what the Minister is trying to achieve but there. There is a democratic deficit. It is the right of Johnny the citizen to say that he wants to make his view on something that impacts on his home, local school or local community centre known but he doe snot have the right to go to the local authority under the scheme and he now has to go to the board but if he is unhappy with the board he has no right of appeal. The Minister and his officials keep coming back and saying there is judicial review. That costs a lot of money. The substantive issue is not judicially reviewed; only the process can be judicially reviewed. It can deliberate on whether the system has erred or strayed in process but not on the substantive issue of the development.