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

I will speak to the amendments. I do not accept amendment No. 9. This provision is necessary to ensure that ordinary board members can be urgently appointed, on a temporary basis, where the number of applications, appeals, referrals or other matters with which the board is concerned is at such a level so as to require the appointment of additional members.

Amendment No. 10 is not being accepted as the provision in section 9 of this Bill is providing for the urgent appointment of temporary board members where required due to the caseload of the board. The proposed amendment does not comprehend the urgency of such temporary appointments. It is wholly appropriate that temporary appointees to such sensitive public service positions will have already been recruited to the public service through previous competitions and be assessed as suitable appointees.The independence of An Bord Pleanála and planning authorities from the Minister with regard to decision-making on planning cases is clearly set out under section 30 of the Planning and Development Act. This Sinn Féin proposal that public servants should not serve as temporary board members is at odds with the fact that planning decisions are made by public servants in local authorities.

Amendment No. 11 is not accepted. This provision is necessary to ensure that temporary ordinary board members can be urgently appointed from former or current public and civil servants, where the number of applications, appeals, referrals or other matters with which the board is concerned is at such a level so as to require the appointment of additional members. It is appropriate that public and civil servants, who have previously been suitably vetted on appointment as public and civil servants, would be used to fill these public service positions.

Amendment No. 16 is not accepted as in a liberal democracy, there could be no justification for prohibiting public servants from competing in an open competition for the recruitment of a chairperson for An Bord Pleanála, which anybody from either the private or public sector could compete for.

Amendment No. 17 is not accepted. The provision is necessary to ensure that an interim chairperson can be urgently appointed from former or current public and civil servants where the position of chairperson is vacant. It is appropriate that public and civil servants, who have previously been suitably vetted on appointment as public and civil servants, would be used to fill the public service positions.

Amendment No. 40 is not accepted as in a liberal democracy there could be no justification for prohibiting public servants from competing in open competition for the recruitment of ordinary board members for An Bord Pleanála, for which anybody from either the private or public sector could compete.