Victor Boyhan (Independent)
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I thank the Cathaoirleach for selecting this Commencement matter. I welcome the Minister of State, Deputy Noonan, and thank him for his ongoing engagement. I know he and his party, the Green Party, are particularly committed to the issue of engagement with our citizens in the planning process, which is an important point that I want to acknowledge.

The Government is seeking to streamline planning laws and this has been covered extensively in the media, although I am not sure all of that media coverage is accurate. I know the Taoiseach, Deputy Micheál Martin, and the Minister for Housing, Local Government and Heritage, Deputy Darragh O'Brien, are on record as expressing concern, in particular in regard to the long delays in the planning process. I have no difficulty with reforming all of that and tightening it up. However, what I do not want is a message to go out that, somehow, reform of the planning laws is going to come down the heavy on citizens. I refer, in particular, to citizens in our communities who engage in the planning process and who, in many cases, have objected rightly on planning issues, be it under the Aarhus Convention or with regard to the height, scale and mass of developments, overdevelopment or development that is contrary to the city and county development plans.

I am conscious that city and county councillors are the guardians of their city and county development plans. That is what the citizens look to in terms of councillors advocating for them and in regard to legitimate expectation on the proper planning and sustainable development of their areas, which is an important point to make.

I am also conscious that, in regard to the Green Party in particular, many of the people who are now sitting in Dáil Éireann and Seanad Éireann and, indeed, in the city and county councils, were initially community activists, be it in regard to Tidy Towns, environmental projects, saving spaces, the public realm or advocating membership of An Taisce and various other organisations. Many of my friends and colleagues who are Independent councillors across this country came up from that system. That is no doubt the case for all parties but, particularly in the Independent Group and the Green Party group, many of those people were not politicians first.They started off as being passionate about their environment, the areas in which they lived and advocated for them. The Minister of State will be aware of the issue of the major road project in Kilkenny. Many of them were involved in planning issues. There are mixed messages out there. My concern is that comments from the Taoiseach, the Government or the Ministers or political debate generally, suggests that streamlining will curtail the judicial review process. I have no problem with streamlining it. I welcome the Government's intention to set up a planning environmental specialist court with expertise. That is really important.

Not a day goes by without opening the newspaper and reading about someone seeking some sort of legal remedy, and that should be the last resort. It should not be ruled out, but it should be the last resort. We need to deal with reform of our planning systems early. Pre-planning discussions and aspects of the Large-scale Residential Development Bill address that. I have concerns about local engagement of elected sitting county councillors. We had that debate in this House and it was rejected by all Government Senators in a roll call vote. I am a democrat. We move on. We accept that as the decision the Senators in this House made on the Government's side.

I will finish on this point. I am trying to ascertain reassurance. I know the Minister of State is committed to it. I have no doubt about that and do not question that at all. I know his party is committed to it, and that gives me great confidence. Many people who voted for the Green Party expected that the Minister of State would be a strong advocate and stand in solidarity with these community and environmental activists. They wish to see proper planning and sustainable development in their communities. Will the Minister of State set out the plan and the vision, in addition to the timeline and roadmap for this reform?

Malcolm Noonan (Carlow-Kilkenny, Green Party)
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Gabhaim buíochas leis an Seanadóir as an gceist seo. We spoke about this earlier this morning as we came into Leinster House and it is something about which both of us feel very strongly and passionately. Senator Boyhan is correct in saying that it is critically important that members of the public have an ability to participate in our planning system and to feel that they have access to environmental justice. The Aarhus Convention is there for that. I was among one of the first plaintiffs to challenge to the provisions in Aarhus a number of years ago. It is certainly a powerful tool for communities to be given parity within the planning system and within access to environmental justice. It is therefore very important.

The Senator also mentioned the central access scheme in Kilkenny. Some 10,000 signatures were handed in to the local authority. There were public marches and still the project went ahead. These are issues about which people feel very strongly. At the same time, even if they lose on a project like that, at least they feel their democratic voice was heard and that they participated equally in the planning system. It is not always the case.

This Commencement matter is important and I thank Senator Boyhan for raising the issue. I take this opportunity to update the Senators on the reform of the judicial review provisions in the Planning and Development Act and the related matter of the proposed establishment of the environmental and planning court, both of which are important commitments in the programme for Government.

The general scheme of the Housing and Planning and Development Bill 2019, which was published in late 2019 and has since been the subject of a public consultation process, sets out an initial outline of the revisions to the judicial review provisions in sections 50 to 50B of the Planning and Developments Acts. The general scheme was incorporated in the Government's legislative programme for the autumn session of 2020 among the list of the general schemes to undergo pre-legislative scrutiny.

My Department has engaged with the Joint Committee on Housing, Local Government and Heritage on pre-legislative scrutiny of the general scheme. However, given the range of other legislation proposed by my Department for scrutiny by the Joint Committee on Housing, Local Government and Heritage, particularly regarding urgent housing legislation, it has not been possible to undertake pre-legislative scrutiny on the general scheme before the end of the year, but I am hopeful it will be scheduled for early in the new year.

The Government is anxious that the legislative process on reforming the judicial review provisions can be activated and progressed as soon as possible. This follows on from the programme for Government commitment. It is important that the regime is working effectively, given the increasing number of judicial review challenges being taken against planning decisions with the knock-on implications for project delivery, including required increases in housing supply and strategic infrastructure developments under the national development plan required to meet the demands of a growing economy. I assure the House that it is intended the proposed reforms of the judicial review provisions would be in line with EU and international law obligations on public participation under the Aarhus Convention. An important aspect, therefore, is the establishment of the proposed new environmental and planning court, simultaneous to the coming into effect of the judicial review reforms. It is intended that this will be established as a division of the High Court.

My Department has already engaged with the Department of Justice on the legislative and practical aspects associated with the establishment of the new court, which will require the resourcing of dedicated judges upon establishment. However, it is primarily a matter for the Department of Justice to progress the establishment of the new environmental and planning court.

I agree wholeheartedly with Senator Boyhan in that a legal remedy should be the last resort. At pre-planning and planning stages, communities should be able to participate with parity in our planning and environmental system. That is fundamental to the Aarhus Convention.

Victor Boyhan (Independent)
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I thank the Minister of State and take three key points away from his response. I agree with him in terms of Aarhus being such an important piece of legislation. It is a tool to assist people in the context of their environmental, planning and sustainable development rights, and advocacy. I am particularly happy that he is very much part of this. I never doubted that for one minute. I also take away that it is a primary issue for the Department of Justice. There is an overlap between the Department of Housing, Local Government and Heritage and the Department of Justice in the reform of the courts system. I note it is on track. Time is against us in terms of legislative time. It is important that it is happening and that key messages are communicated about this issue. This is not about coming the heavy on citizens. This is about supporting people. It is about tightening the timeframes, which is fair enough. It is about ironing out some of the difficulties. This is a roadmap so that people will have their voices heard. I am particularly pleased, happy and confident that the Minister of State is in the mix in keeping an eye on this really important legislation. I thank him for his time.

Malcolm Noonan (Carlow-Kilkenny, Green Party)
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In summary, again, I agree wholeheartedly with the Senator on this matter. We see how strongly members of the public and communities feel about environmental and planning issues when we see them out on the streets protesting against a planning decision or a particular development. That is an important part of our democratic system. Equal to that, they have to have parity to be able to participate in our planning system and to have the knowledge and expertise at their disposal and to be able to give fair and informed opinions. What is of huge value is their deep concerns. People in Ireland, in general, have a real passion for the environment and good planning and sustainable development. In that regard, it is important that they have that important role. As the Senator said, this is about ensuring there is a good judicial system in place for environmental planning courts. In the planning system itself at local authority level, they should have the right and the ability to take part in the preparation of development plans. In addition, they should be informed when planning applications come in. They should know they can participate in an open and transparent system.