Alice-Mary Higgins (Independent) | Oireachtas source

With absolute respect, section 30 has been substantially chipped away. The Minister of State will recall the debate we had when sitting in the other House's Chamber a few years ago about the previously sacrosanct section 30, which stated that the Minister for Housing, Local Government and Heritage would not interfere when the functions of heritage were blended into the Department. Therefore, some specific powers about specific applications, which were meant to act as a counterpoint from the Minister responsible for heritage on the Minister responsible for housing and planning. Now, they are the same Minister. My amendment, seeking to have the Minister of State, Deputy Noonan, take up those functions, was not accepted, so the same Minister has those powers in multiple places. That was already an erosion of the spirit of section 30.

The briefings we received were no substitute for proper time and scrutiny and in no way constituted acceptance by me, or other members of the Opposition, of an alternative to proper process. Those briefings made clear that one reason, which we will come to, that temporary appointments might be made is to deal with certain categories of application. This moves against section 32. It is one thing to say that under section 30, the Minister cannot interfere in an individual case, but if the Minister is able to appoint individuals directly on a temporary basis to deal with certain categories, such as data centres or new gas-fired power stations for data centres; I will go further than Senator Moynihan and say that it is a power grab. The Minister could appoint persons for temporary periods specifically to deal with categories of applications. That brings the independence of the board into question. I have tabled my own amendments regarding another aspect of independence. To give any sense of public confidence about this Bill, the amendment from Senator Moynihan to make it clear that the members would be independent in all their functions is reasonable. The Government should seize the opportunity to accept it.