Vincent P Martin (Green Party) | Oireachtas source

The language is interesting. We start with a “may”, as in “may have failed”, and then the “ordinary member may have been such as to bring the Board into disrepute”. Affording the chairperson the absolute discretion in one sense would not tie the hands of the chairperson. Because it is an absolute discretion, this person, who we would expect to be competent, can act and may decide in an awful situation to go directly to the Garda or may report it directly to the Minister, who is in a position to take action. I think the “may” is important because no one is guilty without due process.

Overall, I agree with the point made by Senator Higgins about An Bord Pleanála being at its lowest ebb and being in crisis at the moment. I hope that objective, fair-minded persons would see that this and the other statutory provisions improve the situation, which is far from perfect. The Legislature may come at it at a later stage but when this Bill is enacted, it will improve a dreadful situation, although it might not be to anyone’s utmost satisfaction. That board lacks the confidence of the people and it also lacks confidence in its efficiency.

On a general point, we need to move things along. There have been protracted delays and there may be grounds for 50 or 60 people, once they are suitably qualified, to sit on the board to deal with the disputes, just like the Residential Tenancies Board, which has different panels and there can be 40 to 60 on certain panels. Overall, I get the general thrust of this section, although I am not entirely happy with it. In this crisis situation, where we are trying to get building done, An Bord Pleanála will be in a stronger and better place after we enact this legislation. I say that on the general point. In its totality, it is better.