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Dáil Éireann díospóireacht -
Wednesday, 20 Mar 1968

Vol. 233 No. 6

Private Members' Business. - Planning Appeals Bill, 1967: Second Stage (Resumed).

Debate resumed on the following motion:
"That the Bill be now read a Second Time"—(Deputy T. J. Fitzpatrick (Cavan)).

When speaking on the last occasion I mentioned certain things that got under the skin of the Minister. I do not want to refer to what he said about me on that occasion, as far as I am concerned I am prepared to stand on my own two feet.

We introduced this Bill because we believe it is wrong for any individual to have the power to make or break other individuals or firms. We believe it is wrong no matter what Government are in power, because this power can be abused, has been abused by members of the present Government and is being abused. We want to see an end to corruption and palm greasing in this country. We want to see introduced a fairer system where all the children of the nation will be cherished equally. We hear much of that phrase from the Government. We believe it wrong that people with political contacts can come to a Minister and because of the action he can take— and, due to political pressure, very often does take—he can overnight make wealthy chancers, speculators, or whatever you like to call them.

As I pointed out on the last day, certain people who own certain property were refused planning permission, were refused on appeal, but other people who had the political contacts, who had the friends in court, could buy those properties at a low value, knowing when they did so that they could get planning permission. As I stated previously, in many cases the value of those properties was increased five, ten and even 15 times what they paid for them originally. We believe it is wrong to have this power vested in Ministers of the Government Party. Since 1932 they have never hesitated at any time to use their power and influence to further the interests of their followers. Indeed, they make no secret of it. It can truly be said that since 1932 they have never hesitated at any time to use the taxpayers' money to keep the Fianna Fáil Party in office and to help further the interests of those who, like the members of Taca and others, support them financially.

We have introduced this Bill to put an end to what the Minister for Industry and Commerce spoke about last September in Galway—low standards in high places. We want to ensure that all our people, whether they be planners or builders, people with land to sell for building or people looking for planning permission to alter existing buildings, no matter from what stratum of society they come, no matter which political Party they may be attached to, or even if they are attached to no Party at all, get from this Government what under God and an Irish Constitution, they are entitled to, that is, fair play and a fair deal. Unfortunately, they are not getting it from the present Minister for Local Government and they did not get it from his predecessor.

The Minister spent five days here making an argument against this Bill, but he had a bad case. He went back to the thousands of appeals dealt with by a previous Minister for Local Government, Deputy P. O'Donnell, but not in one single case could he find any corruption or semblance of corruption. That is a great record for that Minister and for that Government. We are proud of it.

I would like to draw the Minister's attention to another case in my own constituency in the town of Athlone. Mr. Anthony Hughes, Central Terrace, Athlone, was refused permission by Athlone UDC to extend his house to the front. He wanted to turn it into a licensed premises. He appealed against the decision of the UDC. He got his local friend, the Minister for Justice, to contact the Minister for Local Government. The Minister for Local Government replied to the Minister for Justice stating that he would look after his friend and that everything would be all right. He certainly looked after his friend. The gentleman concerned, who is a supporter of the Fianna Fáil Party and an active member of Taca, got permission to extend his house and erect a licensed premises in this area.

In the course of this debate, the Minister for Local Government has claimed that information could be got in the Dáil or got by individuals and that reasons would be given why permission was granted or refused in any case. In this case the Athlone UDC wrote to the Minister asking him to give his reasons for overruling their decision and giving this gentleman permission. The Minister failed to give any reasons. He merely referred the council to the section in the Act giving him the right to overrule their decision. His letter read very badly in The Westmeath Independent. That was the position, despite the fact the Minister comes in here to tell us that he and his Department are prepared to give the information. Here is a glaring example of an urban district council requesting a Minister to give his reasons, and getting an arrogant reply that under a certain section of the Act he had the authority to overrule the decision, that he had done it, and that was the only regard he had for the people.

I should also like to mention another case. Deputy Blaney was Minister for Local Government and he will remember the case very well. A particular gentleman applied for permission to erect a building at Salthill and was refused. He was a particular friend of the former Deputy Bartley, who was then Minister for Defence, I think. It seems that in Galway they know the proper thing to do, because Deputy Molloy, the man who has since taken the place of Deputy Bartley, told us in this House that people are coming in their hundreds to him to get these things done. In any case this gentleman approached Deputy Bartley, and Deputy Bartley approached the Minister on his behalf, and the planning authority were overruled.

The reason I say the Minister will remember that case is that some time afterwards he was in Galway, and he was walking down Salthill with Mr. C. I. Flynn, the County Manager, and he saw this building and said: "In the name of God, why did you allow that building to be erected there?" Mr. Flynn said: "We refused it, but you overruled our objections, and that is why the building is now there." That building should never have been allowed to be erected, but because the gentleman was a friend of Deputy Bartley, the Minister overruled the planning authority and allowed it to be erected.

As reported at column 2013, volume 232 of the Official Report of 28th February, 1968, the Minister said:

I promised Deputy Belton I would deal with the case which his leader utilised as his contribution to the Opposition campaign in this regard.

I asked him for the reference and he gave it. The Minister said:

Yes. Column 651, in which Deputy Cosgrave stated:

I am aware of one case in my own constituency where at the junction of two roads there was a petrol filling station already established which had access to both roads. Although the residents objected and the local authority refused permission, on appeal, permission was granted to build another petrol station. Justification for decisions of that character is not obvious.

The Minister knew well what Deputy Cosgrave was referring to. Deputy Cosgrave was speaking of a case in Goatstown where there was an old garage in existence, and a particular man who was a friend of the Government was allowed to build another garage adjoining it. This is definitely a case where permission should not have been granted. The Minister brought this in and tried to tie it up with Deputy Belton's case. Deputy Belton's case was a filling station in Dún Laoghaire. The local people objected and the Minister overruled the objections. It is very unfair for the Minister to try to tie up that case with the case which Deputy Cosgrave raised, which was completely different.

The Minister also during the course of his lengthy reply on numerous occasions misquoted a previous Minister for Local Government. He claimed that the previous Minister said he had not read the files and had merely put his name to them. Deputy P. O'Donnell said no such thing. He pointed out the huge number of cases that came before a Minister, that the officials added their memos to them, and he claimed—I think, justly—that it would be impossible for any Minister to read everything connected with the appeals. He was quite in order in stating that, and he said—which I believe is right—that he was guided by his officials.

It is much better for any Minister to be guided by his officials, to be guided by engineers and other officials in his Department, who are not biased one way or another, and who look at a proposition from the planning point of view. It can be said for our civil servants, as it can be said for our judiciary, that they are above corruption, that they cannot be bought, and do not stand for palm greasing. It is right that a Minister should be guided by those people who were doing their duty as it should be done. Deputy P. O'Donnell said he was guided by them in the vast majority of cases. It is much better that he should be guided by those people, but in the Minister's case, it is quite different because members of his own Party admit that they are approaching him day after day, and Deputy Molloy said they were coming in their hundreds to him. We think it wrong that politicians should be in a position to get a Minister to grant planning permission to their friends.

As reported at column 1579, volume 232 of the Official Report of 21st February, 1968, the Minister said:

This Bill is ostensibly introduced in order to set up special machinery to deal with planning appeals, to make a fundamental change in the Planning Act which places a responsibility on the Minister and to hand it over to another body. It is for the purpose of setting up rather elaborate machinery, the function of which would result in what might be described as a lawyers' paradise.

I want to say that the County Management Act took responsibility and power out of the hands of the local authorities. The Minister for Labour has certain responsibility which will be dealt with by a judicial board. The same applies to the Department of Social Welfare. The final say is not, and should not be, with the political head of the Department.

I want to refer to the innuendoes of the Minister on that day when he referred to what might be described "a lawyers' paradise". Neither the Minister nor any other member of Fianna Fáil should judge those on this side of the House by their own low standards. They can only see in the powers conferred on them by being in government something to bring grist to their own mills or the mills of somebody connected with them. They should remember that this measure is not intended to bring grist to the lawyers on this side of the House because those lawyers and solicitors are not briefless but lawyers and solicitors who are making a first-class job of their profession, honest, sincere and hard-working men. They do not introduce this or any other Bill to bring grist to the mills of any lawyers. It is wrong for the Minister to refer to this as something that might be described as "a lawyers' paradise".

On 27th February, at column 1838, the Minister said:

That is not the point at all. The point is that this is a bogus Bill submitted by the Fine Gael Party.

If it is a bogus Bill, why did he spend five days, seven and a half to eight hours, replying to this debate? I cannot understand his thinking in this regard or how he thinks it is a bogus Bill if it is to take power out of the hands of a politician and put it into the hands of people who will act in a fair and just way. I do not agree with the Minister's sentiments as expressed then.

He went on to refer to political activity and said:

...instead to embark on a deliberate campaign of wholesale slander. That was a coldblooded decision by the Fine Gael Party.

There was no coldblooded decision taken so far as this Party are concerned. The slanderers and character assassins are on the other side of the House judging by the attack made on Deputy Fitzpatrick and myself, but we can hold our heads high, perhaps as high as, or higher than, some members of Fianna Fáil. For many years Fianna Fáil have acted as character assassins and their ideas and the Minister's idea, I suppose, in coming in here was like that of the boy with bandy legs who, when if he got into a row at school with any other boy began shouting: "Bandy legs! Bandy legs!" before the other boys got an opportunity of shouting it at him. The Minister's behaviour on the last occasion was something about which perhaps the least said at this stage the better.

At column 1839 of the same report, the Minister also said that Deputy L'Estrange in his capacity as Whip had decided to prevent the majority of the Party speaking on this Bill. We introduced the Bill and sent in our own speakers. We cannot interfere with the Fianna Fáil Party who have their rights just as we have. At no time did we try to prevent Fianna Fáil or any other Party speaking in this House. From the foundation of the State, I think we have a prouder and better record in that regard than the Government Party. We are proud that we have always stood for free speech.

At column 1842, the Minister said:

Part of Deputy Cluskey's reasons for raising this was to attack individuals outside the House and I know the Opposition are even trying to brand everyone who engages in business in the provision of houses as being essentially evil.

We certainly are not. We and our Government helped in every way people who were themselves prepared to build their own houses or contractors prepared to build houses for others. The Minister should remember that it was a member and a Minister of the inter-Party Government who gave the second grant of £300 to anybody building his own house or building houses for anybody else. We are proud of that and we certainly do not condemn as evil people engaged in the provision of houses. But we do not believe it is right for any individual connected in any way with the Government or with Taca or a similar organisation to use his contacts or his money to buy or get planning permission. That is why we believe the present system is wrong and lends itself to abuse and is being abused. We think the time has come to take it out of the hands of the Minister and hand it over to the type of body proposed in this Bill.

One of the accusations we made against the Minister was in regard to Mount Pleasant. I think no Minister of State should come to this House and coldbloodedly try to mislead the people because at column 1854, when the Minister was replying to the debate, I asked him:

Can the Minister answer one question? Will the speculator who bought the land or the original owner get the big profit? The Minister knows that it is the speculator, not the original owner, who made the big profit and he has deliberately refrained from mentioning it.

The Minister said:

If Deputy L'Estrange believes these fantastic stories, let him go ahead.

The Minister then went on to say:

I do not accept for a moment, because I am not a fool, that there is any advantage accruing to anybody, and nobody with normal intelligence would accept it.

I want to put on the records of this House that the facts are that the people who own the property applied for and were refused permission and that the Minister knew when he was making this particular statement that it was a Mr. Lahard, who was closely connected with the Fianna Fáil Party and that when the Minister for Agriculture, Mr. Charles Haughey, was returning—I think it was from Paris—when they were carrying the placard with the words "Charlie is the Greatest", his architect appeared in a picture as holding it up.

The Deputy has referred to this matter already. He should not repeat himself.

What is worth saying is worth saying often.

It was wrong for the Minister to tell us that he did not know it was the speculator and to try to pretend in this House that it was the people who owned the property who were making the huge profit because this piece of ground which has been bought from these people who were refused permission at a very reasonable sum of money is now valued at £50,000 to £60,000. It is wrong that any speculator, because he is attached to, or has friends in, any Party should use the powers conferred on a Minister to make twenty times—that is what he is making on this property—what was paid for it.

Did the original owners of this property appeal to the Minister?

The original owners did.

You said they were refused permission. Did they appeal to the Minister?

They did, yes.

Are there any appeals coming from Galway this weather? There are a few good sites out about Salthill.

(Cavan): Half a dozen a week, I am sure.

Did not a good few appeals come in from Galway?

"Iosagán" said the people were coming to him in their hundreds.

No, I did not.

You did. It is on the records.

The Deputy is misquoting me.

Coming events cast their shadows before. You did say that some were down in Roundstone and made a film but you did not think it would appear on "Seven Days".

That is true.

You knew the hand of the Government was going to descend one way or another.

That is fictitious, made up by you.

Coming events cast their shadows. How did you know that on the evening you were speaking here? It was a week before this incident with Radio Telefís Éireann happened? You were able to tell that it would not appear on "Seven Days". Somebody had whispered in your ear or you had whispered into someone's ear and said: "We will see to this and see that `Seven Days' does not put on this programme because we do not want it to do harm to the Fianna Fáil Party or the Government." Is that not true?

If the Deputy will give me an opportunity to answer that now while he is speaking, I shall, because he has been making false allegations right through this debate and is making a similar one now.

Answer it now.

If Deputy L'Estrange gives me the opportunity, I shall.

Deputy L'Estrange has been abusing the privilege of the House.

Does the Chair allow me to explain this?

It is a matter for the Deputy in possession.

I will allow him.

During the debate on planning appeals, I made reference to a meeting I attended in Roundstone. In the course of that speech, I stated that I did not think that this film of this meeting at Roundstone would appear on "Seven Days" and the reason I stated that was that Mr. Patrick Gallagher and the people who attended there more or less implied to me that they did not think there was sufficient news content in the happenings of that evening to justify their presenting this film of this meeting on "Seven Days" or on any other programme on Telefís Éireann. Now, I made that statement here that in view of the manner in which the meeting went there was no news content in it. I did not think it would appear on "Seven Days". It was purely coincidental that some dispute arose in the "Seven Days" Department shortly afterwards. If Deputy L'Estrange accepts that from me, I will sit down. If not, I will go further and state why Mr. Gallagher did not think there was news content in it, because at that meeting there was a proposal before the meeting——

(Cavan): You were late arriving at the meeting.

I was an hour late getting there—I was attending a Fianna Fáil meeting 60 miles away——

That was more important than deciding planning permissions.

I got there eventually.

Has this anything to do with the 12 sites in Salthill?

Simple people find it easy to amuse themselves. At this meeting——

Is this the Fianna Fáil meeting?

If you want to listen, do so.

Deputies who invited Deputy Molloy to speak should at least listen to what he has to say. Otherwise, I will recall Deputy L'Estrange.

There was a planning application for a caravan park on the beach in Roundstone and this meeting was asked to support that application. Later on at the meeting, they were asked to voice a protest at permission being given for the erection of a small house at the entrance to the beach, which was down in a hollow. These views contradicted each other. They could either accept one and the other fell but could not accept both because they were contradictory. That was why Mr. Gallagher was puzzled by what went on in Roundstone and that is why I knew he did not think there was sufficient news content in this meeting for him ever to present it to the people as of news value. That is the reason I made the statement. It was purely coincidental that afterwards some dispute arose in "Seven Days".

For a young Deputy, you are very well trained, nearly as good as the man in the Park in wriggling out of an awkward situation.

Reference to the President should not be made in that manner.

There are other people in the Park.

If the cap does not fit, a person should not wear it.

Does the Deputy accept what I said?

I want to quote Deputy Molloy and not to misquote him. I am quoting from column 646, Volume 232, of 7th February, 1968:

Mr. Molloy: I never attack anybody.

This is the way you led up to this:

I said to Mr. Gallagher: "What in the name of God are you doing down around Roundstone on this cold winter's evening, on a Sunday of all days?"

That is what you said.

I know. I said it.

(Cavan): A Government Deputy for the constituency telling the man off for being there at all.

Here is an employee of Telefís Éireann and the Government Deputy whom people are approaching in their hundreds, a real good friend of Mr. Colley's at a particular time, on a particular occasion, walks out and says:

"What in the name of God are you doing down around Roundstone on this cold winter's evening, on a Sunday of all days?"

Then he goes on:

He said: "The Irish Times asked us to cover it.”

You told a different story a few moments ago.

I did not. Do not be childish.

Then you said:

I do not think they got much film there, however, and I do not think it will be shown on "Seven Days".

That is exactly what you said. Coming events cast their shadows. You either whispered into somebody's ear or somebody whispered into your ear, because it did not appear on "Seven Days" and, as a matter of fact, due to your intervention, "Seven Days" did not appear for some time afterwards.

(Cavan): He did not whisper at all. He shouted: “Go away home.”

God help Fine Gael.

It was an unfortunate remark.

It was unfortunate that the Minister should attack a firm of solicitors, as he did. At column 1864, he referred to R. J. Connolly & Sons, Solicitors, and mentioned the name of W. Brendan Allen. At column 1865, the Minister said:

W. Brendan Allen operates this firm of solicitors, I understand. He is a member of the National Executive of Fine Gael and Director of Elections, and a Mr. Connolly is employed by him, and he was a Fine Gael candidate in the 1961 election.

It is very unfair for the Minister to drag these people into this debate. They are professional men doing their duty and attending to their duty and any correspondence which they had with the Minister or the Department was because they were the solicitors employed by a particular individual. They had not got this communication with the Minister because Brendan Allen was a member of Fine Gael or a member of the National Executive. That had nothing to do with it and it was very unfair——

It was Deputy Coogan who brought it in.

He did not. He never mentioned his name.

(Interruptions.)

What they did, they did in their professional capacity, as professional gentlemen. There was nothing wrong with their action and they were entitled to do it, and it is completely wrong for the Minister to make an attack on those people for doing their——

Surely the Deputy will agree that the Minister was trying to put Deputy Coogan right?

(Cavan): We were trying to keep you right in Wicklow for a few days.

In what way was the Minister trying to put Deputy Coogan right?

(Interruptions.)

Is the Minister aware of all the representations made——

I should like to point out to Deputy Harte that this is not a courtroom and we cannot have this cross-examination.

(Cavan): You would not have conduct like this in a courtroom.

We read the files.

With respect, Sir, you should include the Parliamentary Secretary in your remarks.

At column 1995, we have the Minister trying to defend Taca. He stated.

These people have come together voluntarily to support our Party.

Further on, he says:

In general, these are people who, for one reason or another, have not got the same degree of enthusiasm to inspire them to give the same quality of high service as is given by our members throughout the entire country.

The words "the same quality of high service" were certainly the operative words. If they cannot give that quality of high service, it is wrong that they should be in a position to use their money, their influence and their bank books because that is what they are doing for the Government at present. The Minister also stated that they expected sound guidance of the nation's affairs and they got it. They get it by using their influence, by using their money, and by using their cheque books, as some of them did, to subscribe £100 for a dinner when you have people on the verge of starvation, while others signed bankers orders to pay £100 a year for the next six years to keep the Government in office. To use the Minister's words, if they have not "the same degree of enthusiasm to inspire them to give the same quality of high service as is given by our members throughout the entire country", then we want to see in the future that they do not stoop to the low standards which we have in high places to-day, the low standards referred to by Deputy Colley, the Minister for Industry and Commerce, speaking in Galway shortly after the Minister for Local Government had granted this permission to the gentleman mentioned in the articles in the Irish Times.

We have introduced this Bill because we believe it is a good Bill, and the people believe it is a good Bill. We want to see an end to corruption and an end to palm greasing and to see an end once and for all to those chancers and speculators who through their association with different organisations, whether it be Taca or any other, become wealthy and millionaires—as at least one of them did—almost overnight. If appeals are being made to the people to work hard, the incentives should be there for all people to work hard and for all to get equality of chance in their own country.

We want to see all of our people, whether they be members of Fianna Fáil, Fine Gael, or any other Party, getting a fair crack of the whip. We want to see an end to the corruption and to the Tammany Hall methods which we have in Ireland today. It is wrong that they should exist, and if the Government are in earnest, they now have an opportunity to take the power from the hands of the political head of this Department and ensure that no Minister, now or in the future, will have this power which can make or break a man, individuals or firms, almost overnight but that it will be handed over to a judicial body as envisaged in this Bill.

I very seldom refer to Deputies by name in this House but when Deputy L'Estrange on the eve of a by-election abused the privileges of this House by making unsubstantiated, slanderous statements about people, named and un-named, it is no harm to refer to the words used to describe him, one of which was ruled out of order.

I should like to point out that that matter is closed. The Minister withdrew all expressions he used in connection with Deputy L'Estrange and I will not allow any debate on this particular matter.

I should like to say that since we were discussing this matter here last week, not only has the representative of a number of individuals issued a challenge to Deputy L'Estrange but he has also been asked by newspaper reporters to make a statement and he has refused to do so, using the protection of this House to slander people outside it. If he is not a coward, he should now, outside the House——

In answer to the Irish Press, let them look up the Evening Press of 10th November, 1965. I forgot to mention that. Let them look up their own newspaper and they will get the answer they wanted me to give. That is to the Irish Press.

All I know is what I read since last week.

On a point of order, should a Deputy who makes a statement in the House be challenged by Deputy Lemass to make it outside the House?

To begin with, that is not a point of order.

On a point of information, then.

I am accusing Deputy L'Estrange of abusing the privilege of this House.

He is not the first to do it. It must have hurt the Deputy or he would not be squealing.

It is as simple as that.

As simple as that.

There are certain creatures who are happy only when they are grovelling in dirt and, if one were to describe them, one would find a description to fit Deputy L'Estrange somewhere in the middle.

The truth hurt last week and the Minister flew off the handle.

Deputy L'Estrange has already spoken and he should now allow another Deputy to speak without interruption.

Deputy L'Estrange talked here about a letter sent by the Minister to the Minister for Justice in relation to an appeal by a certain Mr. Hughes, implying that the first letter from the Minister for Local Government to the Minister for Justice said: "That will be OK. Everything will be fixed up."

That is right.

Thereby implying that the Minister was making a decision without having the experts in his Department examine the situation.

I say that is untrue. Let the Deputy lay the letter before the House. I have been accused of saying things that were wrong but I have always offered documentary proof.

Ask Mr. Hughes.

Order. Deputy L'Estrange may not continue to interrupt.

No decisions were taken either during the lifetime of Fianna Fáil or the two unsuccessful Coalitions without the Minister first taking the advice of the experts of his Department.

How many were contrary to their advice?

How many were contrary to the advice of the experts? If a list, such as is envisaged in this Bill, were kept, the volumes would be so big that one would need an enormous research staff to pick out any particular case in which it was alleged an unjust decision was taken. In my experience, less than one in ten is reversed. Other Deputies may do better than that. I do not know. It is not only the right of a Deputy but it is his duty in certain circumstances to make representations if he believes the amenities in his area can be improved. Deputy L'Estrange spoke about a Mr. Flynn in Galway and said that, when the Minister saw the building that he had approved on appeal, he was most displeased; in other words, the Minister acted on the advice of his officials.

On the advice of Deputy Molloy.

On the advice of the then Deputy Bartley, Minister for Defence.

Every Deputy sitting opposite knows that, if and when there is a change of Government, these files will be there for examination.

You burned them all in 1948.

All the files about the haulage of turf in relation to which certain Fianna Fáil Senators got contracts were all burned. They could not be traced.

That does not arise on this Bill.

It arises from the pig's mind, wallowing in swill.

Anything like that from Deputy Lemass is a compliment.

Order. Deputy L'Estrange should allow Deputy Lemass to make his speech.

If he wants to make a personal attack, I will tell him a little thing that appeared about him in an English paper.

People living in glass-houses should not undress with the lights on.

I have always tried to deal with matters here honestly. I am trying now to refer to the specific points made by Deputy L'Estrange. He referred to a planning appeal in connection with a garage in Goatstown. Deputy L'Estrange is not a member of the relevant local authority and he does not know that the new main road planned will pass neither of these garages. I cannot understand how anybody on the particular section could make vast profits, but I can tell the Deputy that this is one of the fastest developing sections in the greater Dublin area. There are more than half a dozen new petrol stations in the area to cater for the increasing volume of traffic and the increasing numbers living there.

I understand the purpose of this Bill is to set up a committee to adjudicate on appeals. The committee will consist of a district justice, someone appointed by the Local Appointments Commission and someone appointed by the Minister. Perhaps one could describe it as a variation of the authority which administers Radio Telefís Éireann. While someone appointed by the Local Appointments Commission might be willing to sit on such a committee, I cannot visualise any justice acting on it when every justice knows that Fine Gael Deputies, when something goes against one of their own point of view, will come in here and, with their usual slandermania, seize the opportunity to show that the justice was got at by the Minister for Local Government or someone in some of the associations affiliated to the Fianna Fáil Party. What justice would risk that type of slander?

What associations are affiliated to the Fianna Fáil Party?

The Deputy misunderstood me. I will repeat my statement.

The Deputy means he will withdraw? He said "a member of an association affiliated to Fianna Fáil."

No justice can be a member of a political organisation.

He must be a member of a political Party before he becomes a justice, whatever happens afterwards.

Up to now, at least, Fine Gael have shown some respect and faith and confidence in the judiciary. Even Deputy L'Estrange expressed these sentiments here last Wednesday. However, the Labour Party may have different ideas.

The Deputy is not withdrawing the statement that there is an association affiliated to Fianna Fáil?

I will repeat that if a case took place in Donegal and this justice appointed by the Minister——

There is nothing hypothetical about a case in Donegal. I could list them to the Deputy.

I am making a hypothetical one. Just in case the record has this wrong, because Deputy Harte obviously has, I said that if the decision went contrary to the way Deputy Harte thought it should go, he would be the very first person to come into this House and say that the justice was got at by a member of the Government or some member of Fianna Fáil, or one of the groups attached to Fianna Fáil.

Just for the record, I did not say that.

(Cavan): The Deputy knows perfectly well that not in the history of this House has a judge been attacked.

I have never attacked any judge. It is my duty to refrain.

What the Deputy considers his duty is his business. I am saying, having listened to this debate over the past few days and the Fine Gael contributions to it, that not one justice would go on to this board because he knows the type of vilification he would get from Fine Gael.

I have a lot more respect for district justices than Deputy Lemass, and maybe less knowledge of them.

I am saying quite straight that it will become impossible to get people of high standing and ability to go on to any board or adjudication committee set up by this Government due to the vilification which their characters would undergo. Even a man who was in politics before Fianna Fáil ever formed a Government in the first place is still a cockshot of Fine Gael at by-elections, and I refer to the Chairman of RTE who has given a lifetime of service to the country.

He even talks politics when he is eating.

He got his first Government job from Cumann na nGaedheal. It is a pity you did not recognise the ability of the man you had at that time. You might have stayed in a little longer.

He is a more powerful man in the Fianna Fáil Party than Deputy Lemass.

That matter does not arise. Will the Deputy allow Deputy Lemass to make his speech?

If the Minister were to appoint someone to this board, the question would be asked: "What is his association? Did he have a poster up saying `Charlie is the greatest' some years ago?" Is that why he is being put on, or has he been selected because he made a contribution to one of our fund raising organisations, for instance, the national collection, Taca, annual appeals, the various appeals made also by Fine Gael, who do not appear to be short of money at election time. At least we make our money openly and honestly.

Openly maybe.

Not at champagne parties, with the fellows that go out to put up their posters eating sandwiches downstairs.

(Cavan): There were some queer drivers in the Wicklow by-election, and very far away —if the Deputy wants to get dirty.

If the Deputy wants names from Naas, I can give them. What I am complaining about is that Fine Gael bring in names here and accuse people of certain things and the people so accused are not allowed to take redress against them. That is abusing the privileges of this House. If you want to abuse me, go ahead; I am paid for it. I have my Dáil salary and leave myself open as a cockshot. That is part of my job. It is not right that people outside should be made cockshots by Fine Gael, to such an extent that this Bill, if it ever was passed, would never be able to work because you would never get anyone to sit on your commission.

One of these three people it is envisaged by this Bill would sit on this body would possibly have to sit on it because it is his job; he is paid officially. There would be tremendous reluctance on the part of justices to leave themselves open to the type of abuse we have listened to in this House over the last few days. The Minister would of necessity have to pick an executive of the Fine Gael Party or the Labour Party in order to show his impartiality. That would have to be done regardless of a person's qualifications, and that is the only reaction one ever gets from Fine Gael in regard to this type of thing. The proposals in this Bill are completely impracticable. No appeals board could possibly deal with the number of appeals.

(Cavan): If a Minister can be out of his office for nine or ten weeks in the year tramping around the country electioneering and still dealing with them, surely a full-time tribunal would be able to deal with them?

Since the enactment of the last Town Planning Bill, which did not have the effect which the Minister envisaged in regard to planning appeals, the Government have found it necessary to appoint a Parliamentary Secretary to assist the Minister for Local Government——

In conducting by-elections.

In dealing with the additional work.

Or having barmen from the city of Dublin driving State cars.

That has nothing to do with the Bill before the House. Would Deputy Harte please control himself?

It is difficult.

The Deputy has a remedy.

I am trying very hard to deal with the Bill and what is in it. I was referring to the number of appeals that would come up and would be dealt with by one or two appeals boards consisting of three members. If we go on to section 5 of the Bill and there were more than three members, the situation would become absolutely impossible. I think that is what Deputy L'Estrange was referring to, that maybe what would have to happen is that we would have so many appeal boards that the Government would have to appoint 30, 40 or 50 judges to deal with planning appeals, and everybody in the legal profession would be very happy. At the moment the length of time between the time an appeal is lodged and the appeal is either upheld or rejected is about seven or eight months.

I have had the experience of being told by a person that he was going to build an extension to his house, a garage or a workshop and he started building without planning permission. The local authority then put a stop order on him and said he had to take down the structure already erected and rebuild it in accordance with their plans. The man had spent whatever money he had on doing the work already done and so he lodged an appeal and it took one year and three months for that appeal to go through. It is only 3½ years since work started in that particular case. I am sure that other Deputies from all parts of the House have had to take up matters with the Department on these appeals and have had to go back month after month to find out what has happened. It is most frustrating to be told on these repeated visits that the plans have not yet come back from the planning inspector.

I have had this experience since I was first elected to this House. There has been an improvement but the procedure needs to be improved still further. It can be improved but not as is proposed in this Bill. The volume of appeal work cannot be done by two judges with two people appointed to sit with them. This Bill is a further indication that Fine Gael have abandoned all hope of ever becoming a Government. They are now seeking to have the Government delegate all their responsibilities and, if they had any hope of ever becoming a Government, they would not do that. What is needed is more flexibility at local authority level. For instance, there was a proposal by an individual to build a petrol-filling station. That proposal was rejected but I am told it is now coming up again. I happen to know the individual originally involved; he was away for some years, had some money and had various types of business in mind. He came across this site in my constituency which he thought could be used for a petrol station. He asked me to visit it with him. It was only a dump.

(Cavan): As a matter of interest, why did he bring a Deputy to see it? Had the Deputy any particular qualifications?

Yes. As a matter of fact, I had five years experience as a member of the Planning Committee of Dublin Corporation. As a member of that Committee, I got experience as to the requirements of the local authority and I can advise people how to present proposals to the planning authority.

(Cavan): I would have thought he would have sought the assistance of a town planner or consultant.

I will finish the story. The plans were lodged with Dublin Corporation and I sought an appointment with the inspector concerned. That inspector told me that if he had the final decision, he would approve the proposal straight away because something would have to be done with the site. There is a reasonable volume of traffic on the road but a little beyond the site, there is a minor turn. The inspector said he would have to recommend that the proposal be turned down but added that they might not be so tough in the Department. The proposal was rejected; the individual concerned made an appeal and that was also rejected about a year later. I believe it is now coming up again.

I am not a town-planning expert but I have some expertise as a result of my experience of what local authority requirements may be. I know how a proposal should be presented and what the requirements of the local authority are. When I was elected to Dublin Corporation in 1955, the first thing I was told by the City Manager was that there was a High Court order against the corporation as a result of a private action and that unless the corporation produced a town plan within a specified period, I could, although I had not been a member of the body against which the order was made, be fined so much a day or lodged in jail until they produced that plan. If the officials of Dublin Corporation had wanted to get rid of certain representatives in 1955 or 1956, all they had to do was not produce that plan. Having given service to and having worked on that body, I am surprised that we were not all locked up.

That might not be much harm.

The corporation was bound by the court order. If they found that a variation in a plan had to take place, they could not deal with it and it had to go to the Minister.

(Cavan): The High Court order was sought because the corporation had refused to do something the Act of 1934 or 1939 had told them to do. They had not done it for 15 years.

That is so. I am not saying that the judge was wrong but that is the source of the problem confronting us in recent years. The Minister of the time found that the number of appeals was building up and up; it was increasing tenfold. If I recollect aright, the Fianna Fáil Government were not in power when the court decision was taken but this was the fault of the local authority and not of the Minister of the day. The succeeding Minister decided to bring in a new Planning Act and he explained in this House that this was a difficult problem and that he thought that all local authorities should make their plans within a specified period but that he wanted to give them more flexibility in deciding what was best for their own areas.

He envisaged that the number of appeals would be greatly reduced but this has not proved to be the case. Each individual inspector in Dublin Corporation has before him a typed list of 15 or 20 questions, and unless the proposal before him complies with every one of these questions, that local authority inspector has no power even to recommend to the chief inspector that the proposal should be allowed to go forward. He can be asked later by the senior planning official, if a councillor makes representation that he thinks it is a bad decision or raises it at the local authority committee, to make an observation as to why he thought it should not go ahead. The only reply he can make is something like "No. 8 in my instruction says there is a tree there and it cannot be cut down." I had the privilege of seeing this list given to the corporation's inspectors. It gives them absolutely no flexibility at all. That is where the fault is. That is where this trouble is starting. This Bill is not the solution. The solution to this matter is a new Planning Act now which will in some way or other get larger areas for regional planning.

I attended a town planning conference in Liege, Belgium, in 1956. All Ireland, all 32 counties, would be treated as a region in France or Germany. Dublin Corporation, Dublin County Council, Dún Laoghaire-Rathdown Borough Council—these are surely all one? Included with them you could bring in Kildare and Meath, and probably Wicklow and Louth. If we could get more flexibility for the local authorities to make proper overall basic plans, it would not be necessary to have planning appeals and the suggestions and charges that have been made. There would be no need for this Bill, which the Opposition allege is needed. I do agree there are certain difficulties in dealing with planning appeals.

When the Minister was speaking previously, he referred to certain cases dealt with during the Ministry of Deputy P. O'Donnell. During that period I had occasion to go to Deputy P. O'Donnell. He listened to my cases reasonably. On at least one occasion he granted approval to an appeal I supported. I do not blame Deputy P. O'Donnell for doing this. If I were to blame our Minister for anything, I would blame him for not being sufficiently liberal in dealing with these appeals. A Minister should be liberal in these matters. If I were to take any other view, I could certainly make innuendoes and suggestions here, but that is not my purpose. All this matter of planning appeals and how to deal with them properly should be dealt with in the first instance by making them as unnecessary as possible.

If this Bill has been framed for the completely honest purpose of trying to improve the situation, I am sorry if I have been having other thoughts about it. I feel it was brought in at the time it was for the purpose of trying to dig up dirt at by-election time. I hope these thoughts were wrong.

(Cavan): Will the Deputy be rational? The late Deputies were not even dead at the time the Bill was put in.

I understand Bills have priority over Private Members' motions? I understand you can move this Bill ahead of Private Members' motions?

(Cavan): The Deputy knows perfectly well it was drafted and introduced months before Deputy Murphy died.

Very well; I had these bad thoughts. They came up in the heat of the exchanges last Thursday.

(Cavan): The Deputy has not bad thoughts but he has a mighty bad case.

He is putting them out of his mind.

I am just wondering whether I will use some more of them or not. What I have been saying, I honestly believe. I believe there should be greater liberalisation at local authority level to reduce the necessity for the number of appeals at present going through.

(Cavan): I do not want to interrupt the Deputy, but this Bill was ordered to be printed on 22nd June, 1967. Yet the Deputy says it was introduced as a gimmick for these by-elections.

I have apologised for saying that. In the heat of the last few days, these thoughts came into my head.

Due to the loss of the election.

Not at all. Deputy L'Estrange referred last Thursday to the 67-64 OP law case, but in not bringing this to the proper authorities in the first place and raising it in the way he did, he has undermined confidence not only in the democratic system but in our democratic leaders as they exist here today. It worries me when I see certain pressure groups, mostly the same people—what the Americans would classify as egg-heads —who seem to turn up at every little grievance. I often wonder why these same people turn up. They are expert and thorough in presenting their case and pressurising for one thing or another. The fact that they did not appear to operate when we were in Opposition suggests to me that this is a well-organised movement inspired by Fine Gael, or perhaps Labour. It would worry me to think it was not this. It would worry me to think that these people were organising themselves only for the purpose of undermining the people's confidence in democracy itself.

Having watched the methods of these people in relation to Mount Pleasant Lawn Tennis Club, of which I was a member and for whom I have played in a table tennis team in my younger and fitter days, I can say this. There is a brown wall with a David Allen hoarding on it. The most recent slogan on it was "No EEC." Sometimes it is "Up the IRA." If you go a bit closer, some things are written on it which I would not like to mention here.

Your Party specialised in writing "Up the IRA" at one time. Maybe it is there since then?

Maybe. Posters are there I put up ten or 20 years ago. When we put up posters they usually stay up quite well.

"Wives, put your husbands to work."

Any proposed development at Mount Pleasant must be an improvement on the present situation with this wall, the gates falling into disrepair, an ESB sub-station at one end which must not have been painted for 20 or 30 years hidden behind old, rotted and neglected trees. The club could not possibly have afforded to carry out full improvements and I am glad they at least have some money to enable them to improve the facilities there.

Debate adjourned.
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