Ken O'Flynn (Cork North-Central, Independent Ireland Party)
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1091. To ask the Minister for Housing, Planning, and Local Government the statutory basis upon which S.I. No. 376 of 2023 was made; and if the Attorney General advised that the regulation complied with Article 15.2.1° of the Constitution. [59208/25]

Ken O'Flynn (Cork North-Central, Independent Ireland Party)
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1097. To ask the Minister for Housing, Planning, and Local Government if his Department (details supplied) ever consulted with the former Minister for Children, Equality, Disability, Integration and Youth prior to making the Planning and Development (Exempted Development) (No. 4) Regulations 2022 (S.I. No. 605 of 2022) and the Planning and Development (Exempted Development) (No. 4) Regulations 2023 (S.I. No. 376 of 2023) as required by section 4(5) of the Planning and Development Act 2000; and if so, the outcome of these consultations; if a copy of the relevant inter-department correspondence will be provided together with the minutes of all such meetings. [59229/25]

Ken O'Flynn (Cork North-Central, Independent Ireland Party)
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1098. To ask the Minister for Housing, Planning, and Local Government to set out the precise legal and factual basis upon which the Planning and Development (Exempted Development) (No. 4) Regulations 2022 (S.I. No. 605 of 2022) and the Planning and Development (Exempted Development) (No. 4) Regulations 2023 (S.I. No. 376 of 2023) were made; the submissions received and by whom on the matter. [59230/25]

Ken O'Flynn (Cork North-Central, Independent Ireland Party)
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1099. To ask the Minister for Housing, Planning, and Local Government if his Department (details supplied) ever took legal advice from the Attorney General prior to making the Planning and Development (Exempted Development) (No. 4) Regulations 2022 (S.I. No. 605 of 2022) and the Planning and Development (Exempted Development) (No. 4) Regulations 2023 (S.I. No. 376 of 2023); and if so, if the Attorney General advised that such regulations, as promulgated under section 4(2) of the Planning and Development Act 2000, would not contravene the requirements of Article 15.2.1° of the Constitution. [59231/25]

Ken O'Flynn (Cork North-Central, Independent Ireland Party)
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1116. To ask the Minister for Housing, Planning, and Local Government if his Department has conducted or commissioned any review of the operation or impacts of the Planning and Development (Exempted Development) (No. 4) Regulations 2023 (S.I. No. 376 of 2023), which removed the requirement for planning permission for certain developments providing accommodation for persons seeking international protection; if he will provide the findings of any such review; and if he intends to amend or revoke these regulations. [59652/25]

Ken O'Flynn (Cork North-Central, Independent Ireland Party)
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1117. To ask the Minister for Housing, Planning, and Local Government if his Department has sought or obtained legal advice on whether the exemption from normal planning procedures for accommodation centres for international protection applicants is compatible with Ireland’s obligations under the UNECE Aarhus Convention, particularly regarding the public’s right to information and participation in environmental decision-making. [59654/25]

Ken O'Flynn (Cork North-Central, Independent Ireland Party)
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1119. To ask the Minister for Housing, Planning, and Local Government if his Department has held any consultations with the Department of Children, Equality and Disability regarding the planning status, safety certification or long-term use of buildings converted to accommodate persons seeking international protection under the 2023 exempted development regulations; and if he will publish any memoranda or guidance arising from those consultations. [59656/25]

Ken O'Flynn (Cork North-Central, Independent Ireland Party)
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1120. To ask the Minister for Housing, Planning, and Local Government if he intends to bring forward amending legislation to ensure that the development or material change of use of any structure or land for the accommodation of international protection applicants shall be subject to the normal planning process under the Planning and Development Act 2000; and if he will make a statement on the matter. [59657/25]

John Cummins (Waterford, Fine Gael)
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I propose to take Questions Nos. 1091, 1097 to 1099, inclusive, 1116, 1117, 1119 and 1120 together.

The provision of accommodation for those seeking international protection is not a matter in which I, in my role as Minister with responsibility for planning have any statutory function.

The International Protection Accommodation Service (IPAS) is managed by the Department of Justice, Home Affairs and Migration, and IPAS was formerly in the then Department of Children, Equality, Disability, Integration and Youth. Accommodation for persons seeking international protection, including any issues relating to such accommodation are a matter for my colleague, the Minister for Justice, Home Affairs and Migration.

The Planning and Development (Exempted Development) (No. 4) Regulations 2022 and the Planning and Development (Exempted Development) (No. 4) Regulations 2023, referred to in the questions were made following a positive resolution in the Houses of the Oireachtas and after close consultation with the then Minister for Children, Equality, Disability, Integration and Youth (MCEDIY). These Regulations were made to assist MCEDIY in meeting Ireland’s legal obligation to provide accommodation to international protection applicants.

The Regulations, which amend the Planning and Development Regulations 2001 (2001 Regulations), provide that the structures in question are temporarily exempted from the requirement to obtain change of use planning permission, and they allow the temporary use, up until 31 December 2028, of certain structures by or on behalf of the MCEDIY to accommodate or support persons seeking international protection. In addition, in order to provide greater flexibility in how sourced accommodation is used, the Regulations extend the scope of the exemption to include structures being used to accommodate persons displaced by the Russian invasion of Ukraine.

Under the Regulations, the use for the purposes of accommodating displaced Ukrainian persons shall, unless it is extended in the meantime, be discontinued when the temporary protection introduced by the Council Implementing Decision (EU) 2022/382 of 4 March 2022 as part of the EU response to the invasion of Ukraine comes to an end, while the use for the purposes of accommodating persons seeking international protection shall be discontinued not later than 31 December 2028.

Any concerns regarding planning issues, fire certification or building control for such accommodation should be addressed to the relevant local authority.

It should be noted that the existing provisions in the Planning and Development Act 2000, as amended (the Act of 2000) and the associated 2001 Regulations will remain in place until the relevant provisions in the of the Planning and Development Act 2024 (the Act of 2024) are commenced. Under section 30 of the Act of 2000, I am specifically precluded from exercising any power or control in relation to any particular case with which a planning authority or An Coimisiún Pleanála is or may be concerned.

My Department is currently putting arrangements in place regarding a phased commencement of the Act of 2024 to facilitate the transition to the new legislation across the planning system and to take into account the need to liaise further with local authorities, planning bodies and other stakeholders. As part of these arrangements, updated regulations including those in relation to planning exemptions are being prepared to accompany the Act of 2024.