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

Amendments Nos. 10, 23, 47, 48 and 50 arise from previous amendments tabled by Fianna Fáil on Committee Stage in the Dáil which I indicated I was generally open to but could not accept as drafted.

Recognising the links between transport plans and overall planning objectives, I wanted to explore the possibility of conferring on the office of the planning regulator a function regarding strategic transport plans. In seeking to achieve a similar objective, I acknowledge Opposition amendments Nos. 3, 5, 6, 9 and 23 which have been put forward by Senator Murnane O'Connor. I agree with the Senator and her party colleagues in the Dáil that it is appropriate for the planning regulator to have a role in evaluating transport strategies. It is vital that our strategic forward planning is cognisant of an inclusive and wider transport infrastructure. However, upon further examination of the issue by my officials, it was considered appropriate that any function conferred upon the office of the planning regulator in this regard must relate to a specific statutory plan. The only transport strategy we have referred to in the Planning and Development Acts 2000 to 2017 is the transport strategy, which is provided for in section 12 of the Dublin Transport Authority Act 2008. This Act regulates the work of the national transport authority and comes under the remit of the Minister for Transport, Tourism and Sport.Consequently, I am proposing to give the planning regulator a specific additional function to evaluate and assess strategic transport plans made by the National Transport Authority. This is in line with the original Fianna Fáil proposals in this regard. I hope the Senator can understand the clarity I am providing in this respect. Following consultation on this matter between officials from the Department of Housing, Planning and Local Government, and the Department of Transport, Tourism and Sport, it was agreed that the proposed role of the planning regulator would best be incorporated as a function in the Planning and Development Acts and also in the framework of the Dublin Transport Authority Act 2008.

Accordingly, I am opposing Opposition amendments Nos. 6, 9 and 23 in favour of Government amendments Nos. 10, 47, 48 and 50, which will achieve a similar objective in a cohesive manner that integrates with existing transport legislation. Specifically, amendments Nos. 10 and 47 will confer on the regulator the power to evaluate and assess strategic transport plans made by the National Transport Authority. Amendment No. 48 will amend the Dublin Transport Authority Act 2008 to make the office of the planning regulator a statutory consultee in the drafting of transport strategies as they occur under the Act. This means that in the future, the planning regulator's office will be consulted when a transport strategy is being developed by the National Transport Authority and the planning regulator will receive a draft of the plan at the same time as the Minister for Transport, Tourism and Sport. The regulator will then simultaneously issue a notice to the Minister for Transport, Tourism and Sport, and the Minister for Housing, Planning and Local Government stating whether the overall plan is consistent with planning policy. The regulator can also make recommendations for any amendments required.

While the ultimate authority to determine the transport strategy will continue to rest with the Minister for Transport, Tourism and Sport, in cases in which the Minister does not accept or fully accept the advice of the planning regulator, he or she will have to inform the regulator in writing of the reasons for such a decision and will also have to consult the Minister for Housing, Planning and Local Government before finalising the strategy. This will be in addition to the provisions in the Bill that already place the planning regulator as the reviewer of regional, spatial and economic strategies. As such strategies are drawn up in consultation with the National Transport Authority and Transport Infrastructure Ireland, they will already be cognisant of strategic transport plans and wider transport concerns. This will mean the regulator will have a double lock on strategic transport planning, initially as a consultee in the formulation of transport strategies and again as the reviewer of regional, spatial and economic strategies that incorporate transport strategies.

Amendment No. 50, which will be moved later, is a minor amendment that proposes to update the legislation so that a reference to the "Dublin Transport Authority" is replaced by a reference to the "National Transport Authority", as it is now known. I think most Senators will agree that these changes represent a positive development. People want to have full access when it comes to planning and transport. I hope the approach I am advocating is agreeable to the House.