Phil Hogan (Carlow-Kilkenny, Fine Gael)
Link to this: Individually | In context

Question 438: To ask the Minister for the Environment, Heritage and Local Government the status of decisions made by An Bord Pleanála if membership of the board does not include members from each of the areas as outlined in section 106 of the Planning and Development Act 2000; if there has been an instance since the creation of An Bord Pleanála when membership of the board did not reflect the instructions as laid out in the Act; if so, the way this would affect the work of the board; and if he will make a statement on the matter. [46630/08]

John Gormley (Dublin South East, Green Party)
Link to this: Individually | In context

As enacted, the Planning and Development Act 2000 provided that An Bord Pleanála should consist of a Chairperson and 7 ordinary members, and that the Minister for the Environment, Heritage and Local Government would appoint 6 of the ordinary members from among persons nominated by each of six panels of prescribed organisations representing various sectoral interests. The seventh ordinary member would be an officer of the Minister. Under this structure, if a vacancy occurred on the Board following the retirement, resignation or removal from office of a nominated ordinary member, it may follow that, pending the filling of that vacancy, there would be no nominee of the panel concerned on the Board. However, the 2000 Act provides that the Board may act notwithstanding a vacancy in the office of Chairperson or among the ordinary members, as long as there is a minimum of three members to form a quorum for a meeting of the Board. Where a vacancy occurs, the Minister shall, as soon as may be, take steps to fill the vacancy.

Accordingly, I am advised that while there have from time to time been vacancies on the Board, it was nevertheless entitled to act and to continue to perform its functions under the 2000 Act. The 2000 Act was amended in 2006 to provide that the Board would comprise a Chairperson and 9 ordinary members, and that the Minister would appoint 2 ordinary members from among persons nominated by each of four panels of prescribed organisations representing various sectoral interests. Given that the terms of office of various ordinary members spanned the transition from a Board of 7 ordinary members to one of 9, and a change in nominating panels, it followed that the distribution of backgrounds currently envisaged under section 106 of the Act need not be immediately achievable and might fall to be dealt with as future vacancies arise.