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Dáil Éireann debate -
Wednesday, 14 Nov 1973

Vol. 268 No. 13

Ceisteanna—Questions. Oral Answers. - Town Planning Legislation.

36.

asked the Minister for Local Government the aspects of town planning legislation which he proposes to amend in the forthcoming planning amendment bill.

The Local Government (Planning and Development) Bill, 1973, will be circulated shortly and in the meantime I do not propose to give particulars of its provisions.

May I ask the Minister whether the persistent references by the Minister and others to the setting up of a commission to deal with appeals is one of the matters that will be dealt with in the legislation that he intends to circulate shortly?

I cannot tell Deputy Blaney that it will be.

May I ask the Minister, if this is in mind, to avoid it like the plague and not to include it?

No, sir, Quite a number of planning appeals built up since the Act came in and it is unfair that people should be deprived of an early decision because of a lack of time, or whatever reason is given for holding them up. In addition, while the people charged with making the decisions or recommendations in every case are the people who actually do that, so long as there is a political head of the Department who has the right to see those appeals there is always the suggestion, rightly or wrongly, that certain things may be done. I would like to get rid of that part of it at least when I am there. I do not want to have that placed on my shoulders.

Can I take it then that, though the Minister is reluctant to include this, in fact, it is in the proposed legislation?

I am waiting for a question from the Deputy.

I will leave it to anybody to judge that that is what he said. If I am wrong that is for the Minister to say.

I am waiting for a question, Deputy.

I have asked the Minister to avoid like the plague any changeover to an autonomous body or commission. It is suggested that the only safeguard against the great dangers inherent——

The Deputy is making a statement. I am still waiting for the question.

I am asking whether the Minister is aware that the only safeguard against the great dangers inherent in the administration of the Planning Acts in the matter of appeals is that the political head of the Department should be fully responsible. If the Minister has not enough help let him get it; but let him take the consequences if there is any wrongdoing. If he passes the responsibility over to an autonomous body, he can forget about it.

May I make this promise to Deputy Blaney? I will ensure that these matters are put before the House and we will have an opportunity of debating whether or not it is the right thing to do. If the majority of the Houses of the Oireachtas decide it is the right thing to do, then it will be included in the new Bill.

I take it from the Minister's reply that he is confirming that the Bill which was prepared in the Department providing for an independent commission to decide on planning appeals is being included by him in the Bill he proposes to bring forward?

I agree that not everything Deputy Molloy did during his time in the Custom House was bad. There were one or two occasions on which he did not make a mistake.

The Minister has not learned yet to give a straight answer.

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