Frances Black (Independent) | Oireachtas source

I welcome the Minister. I am disappointed that, once again, right before recess, the Government is rushing legislation through this House with no regard for proper parliamentary process or legislative scrutiny. That is disrespectful in the context of how our parliamentary democracy should function. I urge all Members to reflect on the fact that our constitutional role and mandate here are not being respected. The Bill was only published in full at the end of last week. Second Stage is being taken today. On Thursday, we will have Committee and Remaining Stages. As we will have no distinct Report Stage, we will have no opportunity to submit Report Stage amendments. I am concerned about the entire Bill being rushed through the House inside a week.

What is happening is disappointing because the alleged conduct on the part of An Bord Pleanála that has been revealed in recent months has deeply impacted on public trust. I am concerned that the manner in which this legislation is being conducted will further erode public trust in the institution. For that very reason, this legislation could really benefit from more robust and thorough scrutiny. A very thoughtful and transparent legislative response to the An Bord Pleanála scandals might have gone some way towards restoring some of the public confidence that has been eroded.We want the public to have confidence and trust in our planning system. An independent planning system is part of a functioning democracy. That independence is threatened by this Bill.

I also want to express my concern that we will not see a substantial number of the proposed provisions of the Bill until Committee Stage. The Minister has indicated that he will bring forward amendments to provide for the accelerated delivery of social housing on local authority lands in exceptional circumstances in the absence of normal planning prerequisites such as environmental impact assessments. I am particularly concerned by reports that the Minister intends to table amendments to give himself the power to unilaterally rezone land for social housing. We all know that we are in a housing emergency . We desperately need social housing, but local authorities and councillors should be empowered to deliver social housing on public land. The proposal in this regard would amount to a drastic overreach by central government into the area of power of local government. That the Minister would expect Members of this House, 43 of whom are elected by councillors, to sign off on a drastic interference with councillors' powers and role is unacceptable. Attempting to introduce this amendment in the Dáil to circumvent the Seanad would add to the litany of abuses of proper process we have seen with this Bill.

There is a sensible provision in the Bill that seeks to address one specific governance issue at An Bord Pleanála. The extensive abuse of the two-person quorum highlighted by The Ditchis a serious issue. The provision in section 9 to remove the option of a two-person quorum is probably sensible in light of the evidence that this mechanism has been repeatedly misused.

Unfortunately, there seems to be little sense to other proposed reforms within the Bill. I am concerned by the provisions that seem to give undue powers to the Minister to dictate the size and composition of the board. The Bill grants powers to the Minister to increase the number of ordinary members of the board virtually at his discretion. Most disturbing is that protections within the existing Act that require the Minister to obtain Oireachtas approval before expanding the board are being removed. The Bill will also remove any existing limits on the proportion of board members that can be appointed by the Minister. Currently, no more than one third of the ordinary members can be appointed by the Minister. The Bill will remove this limit.

If we are to have an honest conversation about this legislation, then we must be frank about the fact that the reforms I have just outlined amount to a power grab. Under the proposed new rules, a future Minister could theoretically expand the board by whatever number of ordinary members, and stack it with his or her own appointees. While the Minister may not have any intention of using the powers to which I refer in such a way, we just do know how future Ministers might misuse them. We must be mindful of that. The legislation we pass in this House should be future-proofed and should contain sufficient safeguards against any potential abuse of power. I am afraid that the Bill fails this very important test.

It is clear that the undermining of public trust in An Bord Pleanála requires a complete review of the appointment and oversight processes of the board. I am concerned that this Bill does not deliver the additional safeguards, scrutiny and oversight that are so badly needed and instead delivers a short-term, quick-fix solution to address a backlog of planning applications. I am surprised not to see rigorous standards set out in the Bill in respect of the declaration of interests of board members and other key issues. I am also surprised by the weak provisions in respect of the required expertise of board members and cannot understand why there are not far more robust measures as to the qualifications of board members.

It seems clear that what a future board needs in order to regain the faith of the public is absolute transparency and rigorous oversight. Instead, the Bill proposes a system that seems to rest largely on discretion. The discretion of the Minister seems to be the main basis for determining the appointment of civil servants to the board, the qualifications of members, and other crucial issues. We also see these words cropping up in regard to the chairperson. I am disappointed to see it stated in section 10 that it will be at the chairperson's absolute discretion as to whether he or she will investigate complaints made against board members. I wonder how this discretion-led system could possibly be a winning formula for reviving public confidence in our planning institutions.

I have mentioned public trust a number of times . It is a phrase I keep coming back to because it should be guiding these reforms and yet it seems utterly absent from the conversation. Public trust in the board has been decimated. It is up to us to restore this trust and to legitimise the planning process once again. I am deeply concerned that this Bill will fail to achieve that very important aim.