Planning and Development and Foreshore (Amendment) Bill 2022: Committee and Remaining Stages
Seanad Éireann — 2022-12-08
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Alice-Mary Higgins (IND), National University of Ireland

I want to indicate my very strong support for these amendments. In a Bill that gives such an incredible amount of discretion to the Minister, it is regrettable that it also gives absolute discretion to the chair in regard to addressing issues of concern. Again, this comes in the context where we have to acknowledge there is a crisis of public confidence in An Bord Pleanála, a crisis for good reason because there have been very significant concerns and there are investigations under way. At an absolute minimum, the public should be confident that where there has been a failure to comply with codes of conduct, they have to act. I have my own amendments coming later in respect of those codes of conduct.
Again, in terms of which actions they may take, we cannot accept the idea not just of putting in discretion, but absolute discretion. The codes of conduct are created under legislation because they are part of what good practice is. They are not a discretionary or voluntary piece; they are a requirement. Similarly, proper investigation and action in respect of their breach should be a requirement. It is very poor to be sending such a signal to the public, given the significant issues in respect of potential, apparent or alleged breaches of the code of conduct that we have seen reported very widely. The public need to know that the chairperson will take such breaches very seriously and will act on them, or “shall” act on them, rather than “may” act on them. These are very sensible amendments from the Sinn Féin Senators.

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Retrieved: 2026-08-14T04:51:24+00:00
Sitting date: 2022-12-08