Eugene Murphy (Fianna Fail)
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I welcome the Minister of State, Deputy Peter Burke. I am glad to see him back, looking well and looking good.

John Cummins (Fine Gael)
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I move:

That Seanad Éireann approves the following Regulations in draft: Planning and Development (Exempted Development) (No. 4) Regulations 2022, a copy of which has been laid in draft form before Seanad Éireann on 2nd November 2022.

Peter Burke (Longford-Westmeath, Fine Gael)
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I hope my presence this week will not be as noteworthy as it was last week. I want to put on record my appreciation of all the Members and, in particular, the ushers and staff of the Houses of the Oireachtas for their kind support over recent days. It was greatly appreciated.

I am grateful to the Cathaoirleach and all the Senators for affording me the opportunity to present these proposed planning and development exempted development regulations. The proposed regulations amend provisions in the principal planning and development regulations 2001 to 2021 relating to development that is exempt from the requirement to obtain planning permission. Under the Planning and Development Act 2000, as amended, each House of the Oireachtas is required to approve draft planning regulations relating to exempted development by way of positive resolution before they can be signed into law by me, as Minister of State with responsibility for planning and local government. I am asking Seanad Éireann to pass the draft regulations as part of that approval process.

The draft regulations I have laid before the Oireachtas, namely, the Planning and Development Act (Exempted Development) (No. 4) Regulations 2022, amend Part 1 of Schedule 2, entitled "Exempted Development - General", to the principal planning and development regulations, by inserting a new class 20F in the relevant Schedule. This new class provides for the temporary change of use by or on behalf of the Minister for Children, Equality, Disability, Integration and Youth of a wide list of buildings and structures to accommodate or support persons seeking international protection.

This provision is a temporary measure and will expire on 31 December 2024, with the use of the relevant buildings and structures for this purpose ceasing to apply at the expiry of the regulation. It should be noted that where a proposed change of use would materially affect a protected structure, the exemption does not apply and planning permission is required for the proposed use of such structures for the accommodation of international protection applicants in accordance with section 57 of the Planning and Development Act 2000, as amended.

It should also be noted that, neither the granting of planning permission nor the provision of an exemption from the requirement to obtain planning permission, removes the requirement to comply with any other statutory code, particularly relating to building control regulations. The aim of the building control regulations is to provide for the safety and welfare of people in and about buildings. It is important to note in the context of these exempted development provisions that compliance with the building regulations 1997 to 2021 must still be achieved and building control procedures will still apply before any such buildings can be occupied.

Under the EU Recast Reception Conditions Directive of 2013, Ireland, through the International Protection Accommodation Service, IPAS, of the Department of Children, Equality, Disability, Integration and Youth, is legally required to provide accommodation to international protection applicants who seek it while their claim for international protection is being determined by the Department of Justice. The accommodation of international protection applicants is a demand-led process with applicants arriving in the country and seeking accommodation spontaneously. A briefing received from my colleague, the Minister for Children, Equality, Disability, Integration and Youth, indicates that the average figure for international protection applicants arriving here over the three-year period from 2017 to 2019 was 3,500. However, since 1 January 2022 alone, over 12,300 international protection applicants have arrived in Ireland with almost 17,000 international protection applicants now being accommodated by IPAS as a whole.

In addition, further to the EU temporary protection directive of last March, which requires member states to provide temporary protection and accommodation for displaced Ukrainian citizens arising from the Russian invasion of that country, the Department of Children, Equality, Disability, Integration and Youth has been working to facilitate the provision of accommodation solutions for some 46,000 Ukrainian citizens who arrived here, placing further significant pressures on the housing supply situation here. It is quite clear that unprecedented numbers of persons, from both Ukraine and other countries, are seeking refuge in Ireland. The pressure to accommodate the 63,000 people who have arrived here since the start of the year, equating to the population of a city the size of Waterford, has led to significant difficulties in the provision of necessary accommodation, particularly for the international protection cohort.

The introduction of this temporary change-of-use exemption will assist the Minister for Children, Equality, Disability, Integration and Youth and his Department in providing much-needed accommodation for persons seeking international protection at a time where there is unprecedented demand for their services.

John Cummins (Fine Gael)
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I welcome the Minister of State back to the House. It is good to see him with us and back in full health.

I thank the Minister of State for introducing these regulations, which seek to put temporary change of use in place to accommodate those seeking international protection or seeking temporary protection from the illegal war which is being waged by Russia in Ukraine. We are all acutely aware of the challenges being placed on all countries across Europe as a result of those who are fleeing war and Ireland is no different in that respect.We have tried as a Government to think outside the box to find housing solutions for our Ukrainian friends. This includes the provision of rapid-build homes, which is being progressed through the Office of Public Works, OPW, and the use of former congregated setting facilities, which is not ideal but is necessary. In addition, as we all are aware, approximately 25% of hotel beds in the country are being taken up to accommodate people. However, we still do not have enough space. We need measures like this at the moment to assist those seeking international protection.

I take the opportunity to thank all the officials who have been working tirelessly on this issue over the past nine months. It is a particularly challenging time for them and their teams, for local authorities and for all the community groups that have responded so valiantly to assist those who are fleeing war. We must streamline the international protection accommodation services, IPAS, process. We cannot have a situation continuing whereby companies, individuals and families who are offering to provide accommodation to the State to house people are not getting a quick response. I have a number of examples of this in my own area in Waterford, which I have raised with the Minister for Children, Equality, Disability, Integration and Youth, Deputy O'Gorman, and his team. We really need to streamline the process and work to get it through the stage of analysing whether accommodation is appropriate and on to putting the necessary contracts in place. That must be done in a speedy fashion. There is nothing more frustrating for those who are looking to provide accommodation than to hear stories on the news of people being stuck in Dublin Airport with nowhere to go. I ask the Minister of State to take that point back to the Minister, Deputy O'Gorman. I have sent in a number of examples of where this is happening. We must do better in that respect.

I thank the Minister of State for bringing forward these regulations for exempted development. Unfortunately, they are necessary at the present time.

Fintan Warfield (Sinn Fein)
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I welcome the Minister of State back to the House and thank him for brining forward these regulations, which we will not oppose. It is good to see him in good health. These proposals were discussed at the committee but I thank him for the explanation he has given of what is proposed. We fully accept there is an emergency in regard to people seeking international protection. It is not ideal to use commercial premises for accommodation but we recognise the urgency of the situation.

Recent events show that when the Government takes emergency measures, if communities are not included in the conversation, not provided with enough information or if people's questions are not answered, there is always the potential for an information vacuum to be created, which can be very dangerous. Communities need a package of supports, including additional school places, amenities and GP services, to facilitate integration. We must do right by host communities and, importantly, we must do things rights for the people coming to Ireland seeking international protection and refuge. We must ensure the process is inclusive and that there is dialogue and support. We need those three factors to underpin this work. We are not opposing the regulations and I thank the Minister of State for his explanation to the Seanad.

Mary Fitzpatrick (Fianna Fail)
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It is good to see the Minister of State back in good health. I thank him for bringing these regulations to the Seanad. The Fianna Fáil group will support this emergency measure, which is born out of the need to respond to a world that is experiencing unprecedented levels of conflict in many different territories. We are lucky to live on a largely peaceful island, of which it is a privilege for us all to be citizens. We have experienced an unprecedented arrival to our island of people seeking international protection. I commend the Government, all members of the Civil Service and public service, all the NGOs and all the communities right around the island that have been so responsive, welcoming to and supportive of the people coming here from very traumatic situations. These people are experiencing huge personal challenges and they need all our Christian charity, human understanding and all the empathy we can muster.

After the most recent election, when the Minister for Children, Equality, Disability, Integration and Youth, Deputy O'Gorman, brought forward his paper outlining the Government's plans to end direct provision, none of us thought we would be in the situation we are in today, whereby not only are we unable to end direct provision because of the changed circumstances, we must expand the accommodation we are providing. I commend the Government and the State on responding generously to the situation.

The regulations include a specific reference to East Wall, which is part of the Dublin Central constituency, in which I live. East Wall has been in the headlines and has dominated certain forms of media in recent days. The story has not been running even a full week. Most of the coverage has been terribly negative, toxic and entirely unrepresentative of the constituency in which I grew up and live. It is the most diverse and inclusive constituency in the country. The community there is open, welcoming, supportive, generous and kind. I want it put on the record of the House that there is a welcome in Dublin Central and in the north inner city. Parts of the north inner city have huge diversity and that makes it richer and all the better.

I have spoken to the Minister in recent days and I thank him for the time he has afforded me. I appreciate that his Department is facing unprecedented challenges. I encourage the Government to support the Department to engage openly and to communicate in a way that gains buy-in and support, is honest with people and is accepting of the challenges we face while also engaging communities to rise to those challenges and conquer them, as I know my community can and does all the time. I understand these are temporary regulations and that they will expire at the end of December 2024. However, I want the regulations not just to act as a formality to give exemptions from planning permission for a change of use. I want and expect the Department to both provide accommodations that will do as a short-term fix and to recognise that these will become shelter for people who are coming from war-torn, traumatic and conflict situations. That shelter needs to provide them with comfort, the ability to get on with their lives and the ability to start to recover from trauma.

The Minister of State has our support with the regulations. I thank him for bringing them before the House and I look forward to them passing through both of the Houses.

Eugene Murphy (Fianna Fail)
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I thank Senator Fitzpatrick and we all echo her sentiments. It is a challenge for Ireland but most of us understand that those people are fleeing a terrible war and a brutal man. As much of a strain as it is, we have to try to hold our hands out to them and to support them in every way we can.

I am glad to now extend a céad míle fáilte to representatives of the Vevay active retirement group from Bray, County Wicklow. They are here with Deputy Matthews, who is sitting nice and quiet in the background. There are two visitors belonging to Senator Norris here as well. They are all very welcome to Seanad Éireann and we hope they are enjoying their visit to the House today. I am sure the Oireachtas people are looking after them. Those ushers are fantastic people for looking after our guests. Have a nice time.

As there are no other speakers offering, I will return to the Minister of State for his final conclusion. He has six minutes.

Peter Burke (Longford-Westmeath, Fine Gael)
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I thank the speakers, Senators Cummins, Warfield and Fitzpatrick, for their contributions and for their warm support for the regulations. As Senator Fitzpatrick rightly pointed out, consultation is important in these matters and we are clear that the State agencies, public representatives and local authorities should be consulted in advance of occupation of these buildings. Unprecedented pressures have been presented here and hopefully this temporary measure will alleviate pressure on and support people who find themselves in vulnerable and difficult situations. I will commit to signing the regulations as soon as they are endorsed by the Seanad. Obviously, this is the last leg in the process. I am happy to engage further with representatives and Senators in connection with it.