Ministerial Influence on Planning Decisions
Sargent alleges that the Environment Minister’s public statements about incinerators in Cork and Dublin undermine An Bord Pleanála’s independence and may breach the law, asking whether the Taoiseach will intervene or seek the Minister’s resignation. The Taoiseach denies Government interference and says the Government accepts the Board’s decisions; the exchanges also dispute whether criticism of the Board amounts to intimidation.
One of the strengths of domestic planning law is the legal requirement that each planning authority and An Bord Pleanála should function independently of Government. I refer to an article in The Irish Times last Friday, which quoted the Minister against the environment as saying——
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That is original and wonderful. The Deputy must have been up all weekend thinking that one up. I hope he did not tax his brain power.
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I am only quoting those who know a great deal more than the Minister for the Environment, Heritage and Local Government. The Minister stated, "Cork will get its facility," a reference to the incinerator at Ringaskiddy, and "Dublin is advancing and it will happen there too," a reference to the proposal for an incinerator at Ringsend.
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However, An Bord Pleanála operates under the Local Government (Planning and Development) Act 1976, which established it. It is quite clear that the Minister is breaking the law. Section 10(3) states, "Nothing in this section shall be construed as enabling the Minister to exercise power or control in relation to any particular case with which the Board is or may be concerned."
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Has the Taoiseach spoken to the Minister for the Environment, Heritage and Local Government about this? Will he remind him that his illegal interference in the planning process is unacceptable? Will he be mindful and responsible enough to call for his resignation?
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——and if the Minister can direct the board to make decisions. It is patently obvious, from a number of decisions recently, that the Minister has no such power.
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It is amazing to hear the Taoiseach say that. He has not been following the pattern that has developed. Does he realise public confidence in the planning process has been fatally undermined? An Bord Pleanála found many reasons to reject the application for an incinerator at Duleek, yet it is to go ahead. Likewise, 14 reasons were given by the planners to reject the incineration plan at Ringaskiddy, yet it is to go ahead. This is amazing when one considers the independent decision of An Bord Pleanála regarding Ballinaboy and the Corrib gas field.
The Government is engaged in intimidating the board to follow Government policy or become redundant. In framing the national infrastructure Bill, which is seen as the replacement for the board, has he had discussions with the board about this matter? Will he do so? He has had no problem talking to representatives of Shell or other people who are trying to override An Bord Pleanála.
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There is no intention by the Government to do anything other than accept An Bord Pleanála's decisions.
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——it thinks it is very good but when the decision does not suit, it means it is being undermined. The Government takes the view that when An Bord Pleanála makes a decision, we accept it.
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The Green Party wants An Bord Pleanála to do what it wants and that is what it is accusing us of doing. Deputy Sargent and his party are continually trying to bully and intimidate An Bord Pleanála.
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The Taoiseach should look at his Minister for the Environment, Heritage and Local Government.