Seanad debates

Monday, 15 July 2024

Planning and Development Bill 2023: Committee Stage

 

12:00 pm

Photo of Rebecca MoynihanRebecca Moynihan (Labour) | Oireachtas source

While the Government Members have said that the Planning Regulator is dealt with under section 496, this is the only real opportunity we are going to get to discuss it. There has been a form of institutional capture of this Bill by the Planning Regulator. While An Bord Pleanála is having its name and functions changed, it is being split up into those who are looking after planning and those who are looking after the executive function. The Planning Regulator has unchecked power when it comes to interpretation of national plans and what is a plan-led approach.I put down an amendment proposing that there would, at the very least, be a board, like there is for every other semi-State agency. The Minister is responsible to this House. Every other semi-State body has an office and a board. Chief executives of local authorities are responsible to their elected members. Elected members are responsible to their constituents. However, for the Planning Regulator there is no accountability or responsibility. My amendment was ruled out of order on the basis that it would impose a charge on the Exchequer. This is the only way we can possibly talk about the Office of the Planning Regulator and the unmatched powers we are giving it over our plan-led approach. As other Members have referenced, it has told local authorities with well-connected, transport-linked housing that they have reached their maximum limit of population in terms of the plans and told them to dezone lands. The Office of the Planning Regulator is not accountable in any way, shape or form. It is a dereliction of duty on behalf of the Government to propose a 700-odd page document overhauling the planning system and then leave one person, no matter who that person is, and one office with untouched, unaccountable power.

This is particularly relevant when we are talking to something like the planning system because the Planning Regulator emerged out of the tribunals in respect of inappropriate rezoning. This Bill has emerged out of controversies with An Bord Pleanála and alleged conflicts of interests and yet in it, the most powerful office that we are providing for, the Office of the Planning Regulator, is absolutely untouched. The one amendment that would have at least made the Planning Regulator accountable in some way, shape or form has been ruled out of order on the basis that it would give rise to a charge on the Exchequer. We have been having briefings on this since 2022. Through all of this process, there was no effort to give the very basic, essential function of a board to the Planning Regulator. I make the point to Senator Cummins that we are discussing it now because we cannot discuss it at later stages. The powers and roles of the Office of the Planning Regulator are untouched and that is an absolutely fundamental flaw of this Bill. I ask the Minister of State to address it and to let us know if before the passing of this Bill that there will be a board appointed to the Office of the Planning Regulator which will allow some accountability in order that one person will not have total control and capture over our planning system.

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