Victor Boyhan (Independent) | Oireachtas source

I move amendment No. 2:

In page 7, between lines 24 and 25, to insert the following:“(3) An order referred to in subsection (2) may only be made subsequent to an independent review of the operation of this Chapter to include a public consultation process, any such review to commence not later than July 2019.”.

The suggestion that we discuss amendments Nos. 2 and 3 together is a good one. This simple amendment differs from amendment No. 3 in that it proposes an independent review. The Minister has repeatedly stated before the Joint Committee on Housing, Planning, Community and Local Government and also in this Chamber that the legislation is subject to a sunset clause. It is, to paraphrase him, a temporary little arrangement to get us over a hump, namely, the crisis in housing. I suggest an independent review of the operation of these provisions. In this regard, Deputy Grace O'Sullivan and I are not at loggerheads with the Fianna Fáil Party, which has proposed a departmental review. I do not believe in departmental reviews because the Department should not be the jury and jury in its own cause. This would not make sense given that the Bill was initiated in the Department. In saying this, I am not being critical of the Department, which is made up of good public servants. They too must be part of the review.

I do not want Members to bellyache later if problems arise and they have declined to support the amendment. This is an opportunity to have an independent review of the process by 2019, which is a reasonable proposition. The review must be tight and concise and consult all stakeholders, including county councillors, chief executives of local authorities, executive staff members of councils, An Bord Pleanála, which is a critical part of this process, and officials in the Department. It is only right and proper that the Minister have an input also.

The review should produce a report to be presented to and discussed by the Oireachtas. This process will involve a learning curve and the review is an opportunity to learn. Unforeseen issues will come to light in the first few applications made under this legislation. It is reasonable, fair and sensible to have an independent review of the scheme commencing in 2019. This will give everyone an opportunity to examine the scheme and learn from the first three years of the process in terms of how to improve and change it.

I have no doubt the scheme will be extended. If it is a success, the Minister will make the case either to extend or make it permanent. We cannot predict that far ahead in terms of politics because the political dynamic three years from now will be wholly different. It is incumbent on us, however, to provide for a review mechanism. This is a reasonable proposal and I appeal to Fianna Fáil Senators to meet us halfway on it given that they are also proposing a review. I believe we can agree on the need for an independent review as opposed to a departmental review.