Seanad debates

Wednesday, 25 November 2020

Planning and Development Bill 2020: Second Stage

 

10:30 am

Photo of Sharon KeoganSharon Keogan (Independent) | Oireachtas source

I thank the Minister for coming to the House. Public meetings are the cornerstone of local government and are central to the participation of all citizens and members of the public in local democracy. This has been the way since the birth of western democracy. Some 2,500 years ago people would gather in the agora in ancient Athens for political, judicial, commercial, social and religious activity.

Section 11(3)(b) of the Planning and Development Act 2000 reads, "a planning authority shall hold public meetings and seek written submissions regarding all or any aspect of the proposed development plan and may invite oral submissions to be made to the planning authority regarding the plan." This section refers to that fundamental and foundational aspect of democracy, the public meeting. The public meeting is an important vehicle where people can quite literally voice their opinions, ideas and concerns to those who govern and can listen to their response. The development plan of a local authority can have a significant and lasting impact on the physical surroundings, amenities and environment of a community and those who live in it. Therefore, it is of the utmost importance that the ability to meet physically in person is not limited in any way. The new section 11(3)(b), as proposed in section 2 of the Planning and Development Bill 2020, would read:

a planning authority— (i) shall consult with members of the public in such manner ... as it considers appropriate, and invite submissions in writing from members of the public, in relation to a proposed development plan, and

(ii) may invite oral submissions from members of the public in relation to a proposed development plan.

This section would make the holding of a public meeting subject to the discretion of the planning authority. I am glad the Minister will be amending it. According to the current amendment, it would no longer be a legal obligation to hold a public meeting when a planning authority is reviewing a development plan. Rather, the authority would merely have to consult with members of the public as it considers appropriate. The manner in which the proposed consultation would take place would be determined completely by the planning authority. This amendment weakens the democratic process and weakens participatory democracy. Making a public meeting optional undermines a key cornerstone of local government, one that has existed since the dawn of democracy.

I have grave reservations about this amendment, based on my own experience of having previously served my community as a county councillor. Other forms of consultation are not optimal and if a meeting were to be held online via Zoom or some other app, it could be prejudiced against people who are not IT literate and those in rural areas who do not have reliable broadband. Certain demographics would be prejudiced and excluded from the democratic process in 21st-century Ireland. There are 500,000 people in this country who cannot even read.Too many people are already being alienated and left behind. We should always seek to empower people and enhance the role of citizens in government and democracy, thereby respecting the subsidiarity principle of European Union law. While I acknowledge that the advice of the Attorney General has been sought in drafting the Bill and that the preservation of public participation was a consideration, I have doubts that this amendment achieves that or that it is in the true spirit of the principle of subsidiarity.

Notwithstanding the opinion I have expressed, if this amendment is to be passed, it should be accompanied by a sunset clause to ensure that the amended section 11(3)(b) would expire on 9 June 2021 along with all the other Covid-19 restrictions unless it is extended by means of a resolution passed by both Houses of the Oireachtas prior to this date.

Will this legislation affect the amendment stage of the development plan and, if so, how? Councillors in Meath will be in work every day until 15 December going through the development plan. It is a major task, particularly for new councillors who have not had the proper training on development plans and are obviously at a loss as a result. Someone mentioned that the development plans are really important. In 2014, across the country 17,000 ha were zoned to deliver 414,000 houses. Therefore, there is no hurry with development plans. I just wanted to put that out there.

I will always pat the Minister on the back when he does a great job. However, in the past 24 hours two homeless men in their 40s have died, one very close to this building. I ask the Minister to please tackle the homelessness issue in the country.

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