Seanad debates

Wednesday, 7 February 2018

Planning and Development (Amendment) Bill 2016: Second Stage

 

10:30 am

Photo of Jennifer Murnane O'ConnorJennifer Murnane O'Connor (Fianna Fail) | Oireachtas source

The Minister of State was right when he said this Bill has been around since 2016 so it is important we get it right. Fianna Fáil supports the passage of this Bill through Committee Stage but we will be putting forward amendments. The primary purpose of the Bill is to implement a core recommendation of the Mahon tribunal, which was the establishment of the independent office of planning regulator to oversee decision-making and the planning process. This is crucial. However, we have a number of concerns about some of the key provisions in this Bill. First, there are some very large omissions in the Bill, for example, if we look at the key Mahon recommendation for improving transparency in planning. Second, some of the office of the planning regulator's functions and powers prescribed by the Bill may not be effective in overseeing the national planning strategy. This will be crucial. Third, we are concerned that the limitation on the powers of the office of the planning regulator is prescribed in the Bill. Finally, we have serious reservations regarding the draft national planning framework, which this Bill would put on a statutory footing. We must make sure that is right because it is important, but again it concerns wording and how it is done.

The most important thing here is sustainable development, which is crucial to economic growth and quality of life. It is all about quality of life. Everyone in Ireland needs to have a proper quality of life, which will be crucial. The office of the planning regulator must be established in line with the recommendations of the Mahon tribunal. This is so important. This Bill fails to live up fully to the full sweep of recommendations from the Mahon tribunal. Reading through the Bill, it is clear that this is the case. The Bill places the national planning framework on a statutory footing. However, the draft plan put forward by the Government is completely inadequate as it neglects rural Ireland and genuinely sustainable development. The Irish Planning Institute has criticised the legislation on the basis that the office of the planning regulator will not be fully independent of the Minister as the office can only make recommendations on local development plans. It cannot strike down plans or variations to plans on its own authority. That will be a problem. The new office does not have the power to force local authorities to change their rules to comply with national policy on land use, planning or zoning decisions such as the national spatial strategy or the regional planning guidelines. However, we believe the legislation strikes an appropriate balance between having an independent planning watchdog and maintaining democratic control and accountability over planning authorities. The input of the Government and the elected representatives is crucial. We believe a better approach in this Bill would be to give the office of the planning regulator the role of arbitrator between local authorities and bodies like the National Transport Authority, NTA. We agree with the Minister that this function should be expanded and we will ensure that this is included on Committee Stage.

This new office will not have full police powers and the capacity to bring prosecutions. What the Minister of State is saying is that this new body will just make recommendations and produce reports for the Ombudsman, the Standards in Public Office Commission, SIPO, or An Garda Síochána but it will not have its own powers to prosecute. If the office of the planning regulator is to be effective, it must have the capacity to undertake its primary mandate to oversee planning authority decisions and investigate complaints in a timely fashion because this is all about timing. Timing is crucial.

The second main provision in this Bill is that in addition to establishing the office of the planning regulator, it places the national planning framework on a statutory footing. I know the Minister of State said this but having this framework on a statutory footing will probably be one of the biggest issues. Its policies on rural housing and growth targets for towns with populations below 10,000 risk bringing about decline and neglect. This is the problem. Rural towns really need to be looked after.

Overall, I want to welcome the establishment of the office of the planning regulator in line with the recommendations of the Mahon tribunal. We need regulation but this Bill may not make it an effective overseer of the national planning strategy. My party and I also have serious concerns around the draft framework published by the Government. The overemphasis on cities is creating the divide between those cities and rural Ireland. There is a lot to sing loudly about in my constituency of Carlow. As the House is aware, I am always singing its praises but we are in a great area. We are an hour and ten minutes from Dublin. We can develop a significant inter-regional role. We are on the motorway network between Dublin and Waterford and are easily accessible and connected. It is all about the links. This is about towns like Carlow feeling they have a role in connecting the dots of the major cities. The relevant regional assemblies must provide this connection. The national plan cannot ignore the vital roles played by large towns in rural counties. A person's home is his or her king and where a person lives is where his or her heart is, and that is what it is all about. From this end, any development plan has to ensure that these towns continue to grow. If we look at Carlow, we can see that it is a vital part of the south-east network but its population is growing faster than this plan would have us believe, which worries me. I believe some of the figures are wrong. As the Minister of State said, this has been ongoing for two years. The figures are not correct and I would like the Minister of State to check that. I have a massive concern about the figures that are being published. If we base our plans on underestimating numbers, we will always be catching up because we will never be right if we are two years behind, as we are.

I welcome the plans for investment in the south east, innovation, enterprise and education, particularly the technological university for Carlow and Waterford. I spoke on this the other day. Every year, the south east loses 13,000 students to the cities. They go to the cities for third level education so it is crucial for the likes of Carlow, Waterford and Kilkenny that we have a technological university. However, I believe Carlow town should to be identified as a regional economic growth driver. Allocation needs to be made in respect of a strategic plan to strengthen the central spine. We are right down by the N80. We do not recognise how close Carlow is to Dublin. I was very disappointed last week when the Taoiseach spoke here last week about rural Ireland. I addressed the issue of rural Ireland, the plans and the national planning framework. Rural Ireland is forgotten. The Taoiseach told me not to talk down rural Ireland and I could not answer back. I told him that we were telling him the truth. I think that sometimes the Taoiseach and Ministers are not listening. There are massive issues. We are so proud of where we come from. Those of us in rural Ireland are proud of our heritage and I am proud of Carlow but we are telling the truth. I am saying to the Minister of State that we need investment and jobs. I can tell him that if Carlow got three official visits from the IDA Ireland last year, it was lucky. We need to be working on roads, infrastructure and transport, promoting small enterprises, bringing them back, and making us the link to the likes of Dublin, Waterford and Limerick. That is what it is all about. I believe we need to address this. We need a framework. That is fine and I am all for that but changes are needed.

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