Victor Boyhan (Independent) | Oireachtas source

I am very concerned about section 6 and would have thought it would have been opposed. It raises very serious issues. I do not want to keep harping back to the SHDs but the Minister should consider the number of cases people in his constituency - I am familiar with a number of them - took to An Bord Pleanála at great personal expense and risk.The Minister talked about local authorities and organs of the State. They have substantial sums of money, although it is ultimately the taxpayer's money. I have seen cases where individuals have collected funding by putting their homes on the line - I am thinking of one case in Goatstown - and they have been successful. In that case, a lay litigant represented themselves in the court against the might of the State and everybody else and they won, having taken great risk.

I keep scratching my head about this. We provided for all this in the SHD and today we are being told we are saving the process from the SHD. It was a Fine Gael minority Government on the previous occasion but, effectively, the same Government was in place. I have serious concerns. This legislation will fall on this section. There will be litigation, a review and a legal challenge on this. I hope I do not have to tell the Minister, "I told you so.". Sometimes we need to be listened to. I am putting down a marker that this legislation will fall because of this section. The constitutionality of this legislation is going to be challenged. We have a bit to go until the Bill makes its way through the Oireachtas. We are not yet out of the woods and many people will have to cross a few t's and dot a few i's, but the legislation will fall on this section because of what it is attempting to do. The Minister talked about citizen engagement in a planning process but he should bear in mind the costs involved. It is grand for certain individuals, large companies and developers.

I think we should drop the section. I expect the Minister will say "No" and we will back here in a few months telling him we told him so. It is important to listen.