Malcolm Noonan (Carlow-Kilkenny, Green Party) | Oireachtas source

Gabhaim buíochas leis an Seanadóir as an gceist seo. We spoke about this earlier this morning as we came into Leinster House and it is something about which both of us feel very strongly and passionately. Senator Boyhan is correct in saying that it is critically important that members of the public have an ability to participate in our planning system and to feel that they have access to environmental justice. The Aarhus Convention is there for that. I was among one of the first plaintiffs to challenge to the provisions in Aarhus a number of years ago. It is certainly a powerful tool for communities to be given parity within the planning system and within access to environmental justice. It is therefore very important.

The Senator also mentioned the central access scheme in Kilkenny. Some 10,000 signatures were handed in to the local authority. There were public marches and still the project went ahead. These are issues about which people feel very strongly. At the same time, even if they lose on a project like that, at least they feel their democratic voice was heard and that they participated equally in the planning system. It is not always the case.

This Commencement matter is important and I thank Senator Boyhan for raising the issue. I take this opportunity to update the Senators on the reform of the judicial review provisions in the Planning and Development Act and the related matter of the proposed establishment of the environmental and planning court, both of which are important commitments in the programme for Government.

The general scheme of the Housing and Planning and Development Bill 2019, which was published in late 2019 and has since been the subject of a public consultation process, sets out an initial outline of the revisions to the judicial review provisions in sections 50 to 50B of the Planning and Developments Acts. The general scheme was incorporated in the Government's legislative programme for the autumn session of 2020 among the list of the general schemes to undergo pre-legislative scrutiny.

My Department has engaged with the Joint Committee on Housing, Local Government and Heritage on pre-legislative scrutiny of the general scheme. However, given the range of other legislation proposed by my Department for scrutiny by the Joint Committee on Housing, Local Government and Heritage, particularly regarding urgent housing legislation, it has not been possible to undertake pre-legislative scrutiny on the general scheme before the end of the year, but I am hopeful it will be scheduled for early in the new year.

The Government is anxious that the legislative process on reforming the judicial review provisions can be activated and progressed as soon as possible. This follows on from the programme for Government commitment. It is important that the regime is working effectively, given the increasing number of judicial review challenges being taken against planning decisions with the knock-on implications for project delivery, including required increases in housing supply and strategic infrastructure developments under the national development plan required to meet the demands of a growing economy. I assure the House that it is intended the proposed reforms of the judicial review provisions would be in line with EU and international law obligations on public participation under the Aarhus Convention. An important aspect, therefore, is the establishment of the proposed new environmental and planning court, simultaneous to the coming into effect of the judicial review reforms. It is intended that this will be established as a division of the High Court.

My Department has already engaged with the Department of Justice on the legislative and practical aspects associated with the establishment of the new court, which will require the resourcing of dedicated judges upon establishment. However, it is primarily a matter for the Department of Justice to progress the establishment of the new environmental and planning court.

I agree wholeheartedly with Senator Boyhan in that a legal remedy should be the last resort. At pre-planning and planning stages, communities should be able to participate with parity in our planning and environmental system. That is fundamental to the Aarhus Convention.