Jerry Buttimer (Fine Gael) | Oireachtas source

I support the Minister of State. The section is quite clear. Senator Higgins spoke about exceptionality. If I am reading it right, this would put the onus on the planning authority or the board to consider both the past and present requirements applicable to a development. Our language must be judicious in how we speak about matters of planning. How do we know this is in breach of EU law? Who is to say that? Let us be clear in what we are trying to do here. There is an obligation on developers to fulfil or adhere to this regulation. The board is independent in its decision-making. The Senator may look at me but An Bord Pleanála is independent of all of us, whether we like it or not. She may well laugh at me but I have not yet, in my 18 years as a public representative dealing with appeals, submissions or objections to An Bord Pleanála or dealing with the planners in Cork city or county councils, questioned its bona fides. It is very independent and extremely fair in how it handles its business. There may be examples in the public domain at the moment but that is a different matter. In the main, we have to be fair about the independence of An Bord Pleanála and the way in which it does its business.