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Seanad
‹ An tOrd Gnó - Order of Business

Apple data centre planning appeal

Summary

Senator Mulherin criticised the length of the planning appeals process after the Supreme Court dismissed the Apple data centre appeal. Senator Lawless then linked the Notre Dame fire to fire safety concerns in old buildings.

I highlight the recent decision of the Supreme Court to dismiss an appeal concerning the Apple data centre. A decision was issued by An Bord Pleanála in August 2016 and it has taken until now to have an appeal dealt with. Even though the appeal has been dismissed, the appellants have won because Apple has left. The Athenry area has been deprived of an €850 million development which potentially would have been followed by the development of further data centres. This case clearly shows that there is a problem with the planning process and that it is not fit for purpose. If we are serious about delivering and developing major investment and infrastructural projects, we need to do an awful lot better. The decision is very poor consolation to the people of the Athenry area, the vast majority of whom were in favour of the development. It also points to the fact that if another Apple was to arrive on the scene tomorrow, the same fate could await it. Absolutely nothing has changed in the planning process which is not fit for purpose. Perhaps even the way An Bord Pleanála handles these matters is not fit for purpose. A review of the operation of An Bord Pleanála was ordered. It was conducted and a series of recommendations were made, but we have heard nothing about their implementation. I would like the Minister for Housing, Planning and Local Government, Deputy Eoghan Murphy, to come before the House, as this is a very serious matter. We have positioned Ireland as a small open economy to attract this type of tech industry, but we cannot facilitate it. Apple is already up and running with a second data centre in Denmark, which speaks volumes.

In February the High Court delivered a judgment on European sites and lands designated as special areas of conservation. While the decision might be helpful in clarifying what can be developed on designated land, it actually states An Bord Pleanála cannot take mitigation measures into account.

If one can engineer one's way around an environmental problem, it is not good enough. What are we to do on the western seaboard where a massive amount of land is designated? We want to build roads. It is already costing us millions and delays. I ask that the Minister be brought in because these are fundamental questions. Unless they are addressed, we will go nowhere with Project Ireland 2040 and redressing the imbalance in the country.

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I was very saddened yesterday when I saw the catastrophic fire that happened in Notre Dame. Once I saw scaffolding, I think I knew exactly what happened because it happened to me. As we all know, these roofs, especially flat roof sections, have tar and pitch, particularly in old buildings. I agree with Senator Humphreys on this. One puts roofing felt on top of hot tar and goes along with the blowtorch in front of it. Anything under that is like tinder. It has been there for years and can catch fire quickly. The same thing happened to one of my restaurants about 15 years ago and but for a young little Mexican who went into a crawl space with a fire extinguisher, the place would be gone. We have the same problem with old buildings in Ireland and we treat roofing and unregistered roofers very flippantly. It should be totally regulated. We have serious fire hazards, especially in older buildings. I would like that to be brought to the relevant authorities, especially fire authorities.

I was proud to see the Friends of Ireland, many of whom have become personal friends over the years and led by one of the greatest women leaders in the world, Nancy Pelosi, are coming here to celebrate our 100th anniversary. Not only are they doing that, but she laid out that under no circumstances, if there is any change to the Good Friday Agreement, would there be a trade deal between Britain and the United States. She is the Speaker of the House, but Richard Neal is the chairman of the Committee on Ways and Means and he is leader of the Friends of Ireland. The other thing that pleased me following a discussion with the Taoiseach yesterday is that she is totally behind the E-3 visa which they will introduce by the first day back after the recess. We are still on track and I welcome them and thank them for their visit here.

I second Senator McDowell's proposed amendment to the Order of Business.

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Paul Coghlan An Leas-Chathaoirleach Fine Gael

I call Senator Ged Nash.

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