I will respond to specifically to the issue of the civil servants. It is certainly the case in our National Monuments Service and National Parks and Wildlife Service that the civil servants are scientists, entomologists, botanists and archaeologists. Throughout the Civil Service, there are professional, relevant skills. Under section 6, the Minister shall ensure, in so far as is practicable, this range of skills shall be included in the soup the Senator speaks about. It is critically important to note these are not…

In regard to amendment No.14, this amendment is not accepted as the basis for adding this officeholder is not apparent in terms of the relevance of their role.

I welcome the young people to the very packed Public Gallery. I cannot accept amendment No. 18. The legislation is clear that the public service position of interim chairperson will be open to all existing public and civil servants. It is appropriate that this position can be filled, as a matter of urgency, by a person who has been previously suitably vetted by the civil and publish service. For the same reasons, I will also not be accepting amendment No. 46.

The Senator used the term "opportunistic". There is certainly nothing opportunistic about this Bill. It is important to stress that this is about ensuring that there is robustness and transparency in our planning system. I will not be accepting the amendment. While it is not envisaged that this provision will be utilised, it is appropriate to provide for the reappointment of an interim chair for a second term in order to ensure that, should there be a delay in appointing a permanent chair for any reason, the existi…

I disagree fundamentally with the Senator's use of the term "opportunistic". That is certainly not the case and I reiterate that this is about building greater transparency and robustness in our planning system. We are responding to the concerns and this is about restoring confidence and about transparency and accountability. I refer to section 6 on skills, competency and suitability. I agree wholeheartedly with the Senator in terms of public ownership and participation in decision-making and I hold that sacrosanct…

Amendments Nos. 21 and 22 are not accepted as the Government has decided to end the outdated closed system of nominating bodies deciding who to put forward for board appointments and is instead putting in place an open competitive process by which any member of the public can apply to become a member of the board of An Bord Pleanála. Section 6 refers to knowledge of community and social affairs and planning and it outlines the skills and satisfactory experience, which would include experience of ethnic diversity an…

Before I specifically speak to the amendments, I would point out that there is already a committee system in place for the recruitment of a chairperson of An Bord Pleanála through an open and competitive process. The Bill provides that the Minister "shall establish a suitable, independent, objective and transparent procedure (which may include the establishment of a committee)", which is more than adequate in this regard. I cannot accept amendment No. 29 as section 6 provides for a new open, competitive process by …

Again, my response to amendment No. 30 is the same as for amendment No. 29. Amendment No. 31 is not accepted because the text in the Bill is appropriate, providing that the Minister shall establish a "suitable, independent, objective and transparent procedure (which may include the establishment of a committee) in accordance with which recommendations may be made to the Minister in relation to the appointment of ordinary members of the Board.". Amendment No. 32 is not being accepted as a ministerial order will be m…

I will finish responding to the amendments, if I may. My response to amendment No. 34 is the same as that for amendment No. 29. I am not accepting amendment No. 35 because subsections (6) to (8) are no longer relevant following the replacement of the nominating panel process under section 106(4). Amendment No. 36 has been withdrawn. Amendments No. 37 is not accepted as it is appropriate for the Minister to make regulations under section 6 (g) and the same point applies to amendment No. 38. Finally, I am not accepti…

There are options here in respect of the committee. The committee would be similar to committee systems that already exist for the recruitment of the chair of An Bord Pleanála. There is a Public Appointments Service, PAS, competition or a hybrid of both that involves a PAS process or a committee. We are satisfied that in respect of the Minister establishing a suitable, independent, objective and transparent procedure, the legislation is correct and that this is the correct approach. I reject entirely the claims tha…

I assume Senator Higgins is withdrawing amendment No. 42.

I will reply to all the amendments, if that is okay. I do not accept amendment No. 41. The Bill removes the provision that currently allows the board to determine, by resolution, that a quorum for a meeting of the board for particular case types should be two. Action 14 of action plan for An Bord Pleanála recommends that the board should operate with a minimum quorum of three and that the current statutory provision be removed. In its phase 1 report into certain systems and procedures used by An Bord Pleanála in th…

It is with regard to certain categories. It is in relation to strategic housing developments.

I do not propose to accept amendment No. 43. The provision it seeks to amend is necessary to ensure temporary ordinary board members can be urgently appointed from former or current public and civil servants where, owing to the illness of the chairperson or of an ordinary member, or for any other reason, a sufficient number of members of the board is not available to enable the board to effectively perform its functions. It is appropriate that public and civil servants, who have previously been suitably vetted on a…

These amendments are not accepted as it is considered that section 10 of the Bill makes sufficient provision for the chairperson to act on a complaint or otherwise and, in particular, gives the Minister sufficient powers to intervene, where appropriate, to require the chairperson to report to the Minister on the result of an interview or investigation. The existing provisions under the Act required the chairperson to first reach an opinion in relation to the conduct of a board member, which required an initial proc…

I fully accept that the thrust of the amendments is to improve the legislation. I also agree that this legislation is not about making matters slightly better but about really improving the robustness, transparency and quality of the decision-making of An Bord Pleanála. That is what we are setting out to achieve. I go back to the point about environmental experts or environmental law experts. Regardless of the constitution of the board, the raft of climate, environmental and nature law coming before us, as a State,…

The requirements in relation to the code of conduct are already contained in Part 7 of the Act. The board is currently revising its code of conduct. An Bord Pleanála board members are also required to make annual declarations under Part 7. In addition, board members are required to make separate ethics in public office declarations. It is the responsibility of individual board members to comply with the code of conduct and to make their own relevant declarations.

We can look into the points that have been raised.

I do. I wish to join with the Leas-Chathaoirleach in welcoming Teresa, Leon and Deputy Niamh Smyth to the Gallery. In response to amendment No. 53, the effect of this amendment would be to limit the authority of the Minister to regulate the foreshore to a depth of 30 f. It is necessary that the Minister’s authority under the Bill to require a licence and to appropriately assess the impact of that activity extends beyond a depth of 30 ft. For example, bore hole drilling, as part of geotechnical surveying conducted b…

The amendments provided for in the Bill are intended to amend the Foreshore Act 1933 in order to ensure that there is no doubt over the definition of foreshore and the Act can operate as it always has. This includes requiring a foreshore licence for the lawful undertaking of geophysical and geotechnical surveying. The existing consent process includes assessments required under the birds and habitats directive, and the environmental impact assessment, EIA, directive, where required. I am confident that the Bill all…