Alice-Mary Higgins (Independent) | Oireachtas source

Amendments Nos. 7 to 9, inclusive, relate to the fact that it is not just a matter that there should be consultation with a member of the public or that there should be the opportunity for submissions in writing to be made, but it is instead to insert a clause, of which there are three different versions, that proactively encourages members of the public to engage. We have heard descriptions of good practice from the Minister of State, and these amendments are to ensure that this good practice is embedded.

Since some of the last public development plans were drawn up, a new public duty on equality and human rights has been introduced which, rather than just simply requiring that local authorities do not violate equality and human rights, instead requires them directly to actively promote equality. There are great examples of good practice and others of less good practice. These amendments seek to mandate local authorities to, "take active steps to support full equality of access to participation in public consultation, in relation to a proposed development plan...". In amendment No. 7, I mention the public duty on equality and human rights. I also note the United Nations Convention on the Rights of Persons with Disabilities, which Ireland has now ratified and asks us to ensure that persons with disabilities are actively supported and encouraged to engage. I would also add to that those who live in congregated settings and those in nursing homes.

We must look at how we can encourage the full diversity of persons who will be affected by a development plan to participate. It involves moving from a space that allows for that public consultation and engagement. I recognise that individual councillors may reach out to those persons, but these amendments ensure that the practice reflects the public duty to do so. The Aarhus Convention is also mentioned in the amendments, which specifically concerns participation in environmental decision-making.

Amendment No. 7 sets out some of the provisions. I recognise that in law it is often preferred that specific provisions are not set out. Amendment No. 8 is a slimmed-down version of amendment No. 7. It is not prescriptive in respect of the steps that need to be taken, but it states that such active steps as deemed necessary should be taken to promote full equality of access. Amendment No. 9 is an important one. It is a version of amendments Nos. 7 and 8. Although I recognise that there are complexities around the timing of this, it specifies that where there are particular communities, marginalised groups or age cohorts, whether they are young people, older people, or some of the groups who have traditionally not participated, or where they are not represented in the public consultation, their participation should be encouraged. Senator Moynihan and others described examples where these groups went back again. There should be active strategies to ensure that if the public consultation is not reflecting the social mix in our community, more active steps will be taken to address this.