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

I thank Senator Boyhan for his comments on the necessity of An Bord Pleanála. He and I interact regularly on the issue of public participation in our planning system. He feels it is vitally important that we have a robust planning system in which members of the public can have confidence and in which they have a right to participate on the basis of parity. I commend the Senator on that. On 4 October, following Government approval, the Minister, Deputy Darragh O'Brien, published an action plan for An Bord Pleanála which was informed by phase 1 of the review by the Office of the Planning Regulator of certain systems and procedures used by An Bord Pleanála. The action plan outlines several measures relating to the board appointment process, structure, capacity and operations within An Bord Pleanála. Its intention is to underpin public confidence in the efficacy and ability of An Bord Pleanála to decide cases in a timely manner while supporting the values of independence, impartiality and integrity. A number of the proposed actions contained in the action plan require legislative underpinning. Some of these will be pursued as part of the review of the planning legislation currently being led by the Attorney General but other measures including a new regime of recruitment for appointments to An Bord Pleanála require more immediate legislative underpinning and will be addressed in the planning, development and foreshore (amendment) Bill 2022, the general scheme of which will be published shortly.

The Planning and Development Act 2000, as amended, currently provides for the board of An Bord Pleanála to consist of a chairperson appointed by the Government and nine ordinary members appointed by the Minister. Action 10 of the action plan specifically relates to the new regime of recruitment for board appointments to An Bord Pleanála. The aforementioned legislation which received Government approval for priority drafting on 4 October 2022 will remove the nominating bodies system for board appointments to An Bord Pleanála and replace it with an open competition process to recruit suitably qualified candidates with the necessary range of skill sets to serve on the board. As an interim measure, the Minister, Deputy Darragh O'Brien, is also advancing the recruitment of a board member with environmental expertise, particularly in relation to marine matters under section 106(1)(e) of the Planning and Development Act 2000, as amended, in a manner similar to the proposed new arrangements outlined in the action plan. In addition, a number of temporary appointments will be made in line with the provisions of the current Act. Under the new board, members are recruited under the new arrangements.

As detailed in action 13 of the action plan, it is the intention that board membership should be increased as part of the new, more immediate legislation to allow for new functions and sufficient rotation of members across different classes of files.

The Senator put forward a proposal about LAMA and the AILG. As the Minister outlines it is an open process and it is important to have that environmental, ecological and water expertise in An Bord Pleanála. Given the broad range of legislation and the broad range of environmental climate considerations that now have to be taken into account, it is a vitally important part of it, but the Minister is committed to ensuring An Bord Pleanála is fit for purpose and is able to serve the planning interests of the country well and serve the broader community and the ambitions of the State in respect of proper spatial planning. That is something we all want to achieve.