Alice-Mary Higgins (Independent) | Oireachtas source

I move amendment No. 14:

In page 14, between lines 34 and 35, to insert the following: “Report on implications of Act

23. The Minister shall, within 6 months of the passing of this Act, lay a report before both Houses of the Oireachtas outlining the implications or impact of this legislation in

respect of:

(a) the powers of local authorities in respect of the substitute consent process;

(b) the appropriate consideration of Local Development Plans in planning;

(c) public consultation in respect of planning;

(d) the right of the public to participate in environmental decision making as provided for under the Aarhus Convention.”.

This is another really important amendment in terms of the implications of the Act. We have heard different opinions on what unfolds and again, the period is six months. Perhaps, as Senator Boyhan has suggested, that should be longer. It could be ten months, 18 months or two years but I think it is better to catch problems quickly rather than letting them run and repairing them afterwards.

This amendment provides for a report which would outline the implications of this legislation in respect of a number of key areas. These are my key areas of concern, as I have outlined throughout the debate, leaving aside the issue of how exceptional circumstance is interpreted which is a separate one.

This amendment does not prejudice what the implications will be. They may be as Senator Cummins has outlined or they may be as I have outlined. Both are possibilities but we will be able to see which is the case if we have a report examining the impact of this legislation in terms of the powers of local authorities in respect of the substitute consent process and whether those powers are lesser or greater. I believe that they will be lesser in respect of the substitute consent process and the amendment provides for a report which determines that question.

The report will also look at whether there is appropriate consideration of local development plans in planning. I included this provision because one of the reasons for having local authorities as the first tier of decision making in relation to planning applications is that they are able to engage in a very detailed and knowledgeable way on local development plans. That is somewhat different to what An Bord Pleanála brings to the table, although it may consider those local development plans in general.Having the two-step process, whereby local planning authorities consider decisions first, brings important issues to light. Because there will be planning applications under this legislation that will go directly to An Bord Pleanála, I am concerned of what the implications may or may not be on local development plans and whether they will be appropriately considered. Again, the Minister of State may be confident An Bord Pleanála will appropriately consider them. However, the report can show that.

In terms of public consultation on planning, a tier of such consultation will be lost when we move from having that two-stage process of local authorities and An Bord Pleanála to a direct move to An Bord Pleanála. It is also very important in terms of "(d) the right of the public to participate in environmental decision making as provided for under the Aarhus Convention". Decisions that are taken on substitute consent for projects that have not had proper environmental impact or other proper assessments and the rights of citizens in respect of other associated planning applications that may be attached to application for a substitute consent are very important and are core issues here.

This amendment clearly addresses the concerns I have highlighted, but it does not seek to prejudice what the outcome on them may be. If there is nothing to fear and if everything is fine, why not have a report that examines it? If the Minister of State were to suggest a different timeframe for such a report, I would be open to that. Senator Boyhan made a good point that the periods of time I have allowed may be too short. However, we need to examine this and we need to make sure we get in quickly.

The Minister of State mentioned strategic housing developments, SHDs, and that we are winding them down. As someone who raised concerns about SHDs, who highlighted the problems that were likely to emerge, who asked that those concerns be taken on board, who raised flags about the problems that were unfolding, and who had to wait a number of years before the Government - a new Government, in fact; this Government - took on board the concerns about how the SHDs were unfolding, what I am trying to avoid here is what happened in the previous Oireachtas where we flagged concerns that were not listened to, and we then had to fix them very long after the fact. This is a genuinely constructive proposal to avoid inadvertent or undesirable consequences from this legislation.