Damien English (Meath West, Fine Gael) | Oireachtas source

Section 4 seeks to make the regulator's evaluations and assessments of development plans and regional strategies legally binding. I understand the rationale behind this approach but I must reject the amendment. We discussed this matter in the Dáil also. The primary role of the office of the planning regulator, as set out in the Bill, is to evaluate and assess development plans and regional strategies, and to make statutory observations and recommendations on them. I do not believe it is necessary to amend the Bill to give the planning regulator the power to make legally binding determinations, and I do not believe that is what the Mahon report required either.

The Bill provides that the planning regulator will be independent in carrying out its functions. As currently drafted, it provides the regulator with sufficient powers to make recommendations to planning authorities and regional assemblies on development plans and on regional strategies, and for those recommendations to have sufficient weight. The planning regulator can submit observations or recommendations to the relevant planning authority on draft plans and strategies. A planning authority is then required to notify the planning authority and state the reasons its plan has been made in such a manner as to be inconsistent with any office of the planning regulator observations or recommendations. Where the planning regulator is subsequently of the opinion that the development plan or regional strategy, as made by the relevant planning authority, does not set out an overall strategy for the proper planning and sustainable development of the area or region concerned, the regulator shall recommend the use of the ministerial direction powers in the Act to ensure that the plan sets out an overall strategy for proper planning and sustainable development, and shall submit a draft direction to the Minister of the day for issue to the planning authority concerned.

The Bill further provides that where the Minister agrees with the recommendations of the planning regulator in relation to a plan or strategy, he or she will issue a direction to the relevant local authority or regional assembly. If the Minister does not agree with the recommendations of the planning regulator, the Bill provides that he or she is required to explain the reasons for the disagreement and must lay the reasons before the Houses of the Oireachtas and publish them on the Department's website.

While the introduction of the regulator explicitly recognises the need for oversight of the planning system, the Government's goal in establishing the office is not to overlap with the criminal justice system or to replace democratic decision making, but to ensure transparency, integrity, consistency and quality outcomes within the planning system. I believe the existing Bill has sufficient provisions to make certain that the recommendations of the planning regulator are given due weight within the planning process and that the regulator will have the necessary powers to succeed in the execution of its function.

At the moment, those decisions are made directly by the Minister of the day and I, as the Minister of State, make those recommendations on a weekly basis and often on a daily basis. We judge development plans and local area plans and make those decisions, but not in a very transparent way. I do not have to come into the Houses of the Oireachtas to explain decisions or talk about them. Under this Bill, the regulator will do all of that and he or she will make all of those observations and do all that work on a weekly or daily basis. When it is required, he or she will recommend that the Minister of the day, who could be anyone from this House in the future, from any party, will then make a direction. That is a very clear and transparent process, which I believe achieves what the Mahon tribunal wanted it to achieve. If the Minister does not agree with that direction, he or she has to come to the Houses of the Oireachtas and explain why he or she does not agree. That is a very clear and transparent process, and it is a very good planning system. We have gone far enough in this legislation.

We have to have some democratic accountability. Senators, councillors, Deputies and Ministers are elected to make final decisions on issues. I do not believe that the Mahon tribunal requires that we go beyond that, but there is a transparency element to this. A planning regulator will do all of that work and issue the suggested direction to the Minister. We believe that is sufficient and should give everybody the trust required in the planning system.

Amendment No. 7 seeks to grant the planning regulator an additional investigative function and while I acknowledge that it is well intentioned, I cannot accept it. In this regard, there must be clear lines of demarcation between the role of the planning regulator and other responsible bodies, particularly in the areas of corruption and planning decision making. In instances where there is any evidence relating to planning corruption or breaches of law, these are strictly a matter for investigation by An Garda Síochána. In the area of decision making on individual planning applications, the planning Acts already provide a clear hierarchy of decision making from the local authority to appeals by An Bord Pleanála and thereafter where matters are brought before the courts.

The Bill as drafted already has sufficient provisions regarding the investigation of complaints by the office of the planning regulator and ensures that these complaints can, where appropriate, be referred to more appropriate State authorities. Again, the regulator has the power to carry out the investigation and gather all the information, but then has to bring it to the next relevant authority to be dealt with thereafter. It provides proper channels to go through. There is no reason to reinvent the wheel.

The Bill provides that the planning regulator may at its own behest, or at the request of the Minister or on foot of a complaint received, carry out reviews and examinations to determine if a planning authority is carrying out its functions under the planning Acts. The Bill further allows the regulator to form its own opinion and make recommendations as appropriate to planning authorities and the Minister, and to other authorities if corruption or impropriety is discovered. That ability already exists for the regulator.

The Bill also provides that in relation to complaints made by any person to the planning regulator regarding a planning matter, it can refer the matter and any related documents to the competent authority, be that the Ombudsman, the Standards in Public Office Commission, An Garda Síochána or any other State authority, as required for appropriate investigation. That is the correct way to do business and, therefore, I cannot accept amendments Nos. 4 and 7.