Victor Boyhan (Independent) | Oireachtas source

Thank you, Acting Chairman. People are shaking their head and saying it is not true, so I ask the Minister of State to confirm this now. It is important, as there seems to be some misunderstanding in the House. Under section 11 of the Planning and Development Act 2000, it is the function of nobody else but the council's chief executive or his or her executive team to make a decision or determination on a public meeting. That needs to be confirmed because there seems to be some misunderstanding in that regard.

In theory, it might be open to a member to suggest what the chief executive should do, but it is not open to a member to instruct the chief executive on how to conduct the first stage of the development plan, because it is in the chief executive's absolute gift. I respect that and I know it. I have dealt with it for long enough to know how the system works. That is a really important point to make.

I am only referring to what the Bill states: I am not suggesting anything other than what is clearly in writing. It is clear that there will be discretion for the chief executive only to decide in a manner he or she considers to be appropriate. I accept that. I am not happy with it, but I accept that they are the terms. Up to now, we had a system that works. Today, if there was not Covid, there would be a statutory obligation to have a public meeting. That is the reality. Most Members were councillors at some point, so they are aware of it too. The approach is going to change and I am saying we can have what we had and we can have new technologies. We can have both. It is not a win or lose situation. It is not unreasonable to have both, but I am also conscious that it is the prerogative of the Minister. I respect that. We might have a robust debate in this House, but I respect it is the responsibility of the Minister to bring forward legislation as he sees fit and on which he got advice. That is the process. We will of course have robust debate in this House. I just so happen to have a different view and everyone is entitled to hold his or her view. I am interested in the Minister of State clarifying the point I raised about the role and the absolute power at the early stages of a city and county development plan. It rests solely and exclusively with the chief executive of the local authority.