Victor Boyhan (Independent) | Oireachtas source

I welcome the Minister of State and his officials who have done a great deal of background work. I thank them for their co-operation and the ongoing discussions on these matters. The making of variations to development plans is an important function and one which is a reserved function of the council executive. Many aspects of the Bill address the outcome of the Mahon tribunal. Accountability and transparency are key words that echo throughout this Bill. They are also Government policy. We are proposing that councillors should at least be able to initiate a variation to a development plan. Much of this about language and process. Local government will not work unless there is a healthy, respectful relationship between the executive and the management.So much of planning now is controlled by the matrix of the hierarchy of planning. We have a national planning framework and national planning structures. We have regional plans, local plans, strategic development zones in certain cases and, of course, the county development plans. Councillors are rightly proud guardians of their county development plans. The Minister of State, Deputy English, as a former active councillor in Meath, will be aware of the role councillors play in them. County development plans are important public documents. Catherine McGuinness, in a Supreme Court decision, found that the county development plan was a contract with the people and the people had a legitimate expectation to expect the roll-out of the county development plan.

However, there is always a time for a variation of a county development plan. The Department will be contacting all 31 local authorities, if it has not already done so, to ask them to vary the county development plan to give effect to the national planning framework or the national plan. The Department does not really have to do that but I understand this is what it will do. That should be kept in.

There is ongoing policy development. I told the Minister of State previously I take the time to look at a number of local authorities. I did, and I am happy to say that the last few variations to the Meath development plan have all been initiated by policy. They have been to bring into effect policy and they have been supported.

However, there is a case where members should be able to initiate a report. Amendment No. 27 proposes, in page 44, between lines 18 and 19, [and before section 8,] to insert the following:

"Amendment of section 13 of the Principal Act ...

"(1A) (a) The members of a planning authority may at any time, for stated reasons, submit a resolution to the manager of the planning authority requesting him or her to prepare a report on a proposal by them to initiate a process to consider the variation of the development plan which for the time being is in force where three quarters [not two councillors get an idea in their head and making it up] of the members of that authority have approved such a resolution,

(b) the manager of a planning authority shall submit a report further to a request under paragraph (a) to the elected members within four weeks of the adoption of the resolution.".".

That is reasonable. If we are to talk about a process, I do not want members having to talk to the chief executive on the back stairs of a county hall about some suggestion that they have. I do not want anyone perceiving anyone looking to manipulate a situation. I do not want any chief executive saying to an elected member of a local authority that it is an absolute reserve function, it is nothing to do with the elected member and he or she will not deal with it. I am saying one should allow a member to seek by resolution, formally, in an open and transparent way, that he or she wants to do this, then it is debated and the manager gives a report. Might I add, there is a real absence of managers' reports regarding many planning issues. Recently, I took the time to look at a local area plan in a particular local authority and I was shocked that there were not even any reports. The manager was having to make decisions on the hoof about proper planning and sustainable development. I want to formalise the process so that there is a written structure, there is a reporting structure, what the members do is fully open and transparent, and what the chief executive does is fully open and transparent. I hope we will have the Minister of State's support.