asked the Minister for the Environment if he now formally accepts the recommendations of the Kenny Report; and, if so, if he has specific proposals to introduce legislation based exclusively on the recommendations of the majority report; and if he will make a statement on the matter clearly indicating when such legislation will be introduced.
Ceisteanna—Questions. Oral Answers. - Kenny Report.
21.
I would refer the Deputy to the very recent debate in this House on the Local Government (Building Land) Bill and in particular to my statement and to those of the Ministers of State at my Department on the subject, where the Government's proposals for dealing with building land prices and related matters were explained and the proposal announced to establish a select committee to go into all aspects of the land prices question. I have nothing further to add on the matter at this stage.
Question No. 22 is postponed.
23.
asked the Minister for the Environment if he is aware that there is considerable delay from the time when an application for an appeal is lodged with An Bord Pleanála and the date on which a decision is issued; and if, in view of the considerable recession in the building industry, he will consider issuing a directive by way of guidance to the board to ensure that its members give overall priority to appeals which have a high employment content, with a view of speeding up the process of decision making and so enhance in some cases the prospects of construction jobs on sites with the minimum of delay.
I am very conscious of the importance of having planning appeals dealt with as expeditiously as possible, in view particularly of the possible impact on development and employment. An Bord Pleanála have in fact been requested to devise means by which the output of decisions may be speeded up and the level of arrears reduced. The board have also indicated their awareness of the importance of keeping the number of appeals on hands to a minimum and of the need to deal expeditiously with cases in which there could be significant employment potential. The situation is kept under continuing review.
It will be appreciated, of course, that factors outside the control of the board affect the time taken in dealing with some appeals. These factors include delays in submitting grounds of appeal, requests that appeals be held in abeyance, awaiting documents from local authorities, circulation of documents, new issues arising and inadequate plans submitted with original applications.
Is the Minister aware that it is now taking between nine and 12 months for the board to decide on an appeals basis, a decision which was made within two months by a local authority? I am not inferring that he is not concerned about the matter because I believe he is concerned. Does he not consider that he has within the 1976 Act which set up An Bord Pleanála sufficient discretionary powers to change and improve the system of administration whereby the board can make their decisions without prejudice to either party far more quickly?
I share the Deputy's concern about the delay and the backlog. I would give an indication of the size of the problem. The number of appeals on hand at the beginning of this year was 2,177. Between 1 January and 30 April 1,600 appeals were received. The board disposed of 1,409 and they had on hand at 30 April 2,376. It is not correct to say that the vast bulk of appeals are now taking between nine and 12 months. At 31 December 40 per cent of the appeals had been lodged for less than three months, while 34.1 per cent had been there between three to six months, 13 per cent had been there for between six and nine months and only 197 cases had been there for nine months or more. Many of the latter would be appeals which had been left in abeyance with which people did not wish to proceed.
Will the Minister make available in the Library an indication of the kind of request he made to An Bord Pleanála regarding the criteria of priority they should apply in relation to large planning permissions where there is a large job content?
I cannot direct the board on this question. All I can do is ask for their understanding. I met them on 3 May and had a long chat with the chairman and full membership of the board on this and other questions. The Deputy can rest assured that I will continue to press them.
(Cavan-Monaghan): Is the Minister aware that often there is a delay of several months between the oral hearing and the decision? The matters mentioned by the Minister could not be the cause of that delay. Now that there is a chairman, and for this year at least a deputy chairman, of the board, does the Minister consider their services should be availed of to eliminate the backlog? The trouble seems to be inadequate staff to service the appeals and to present them to the decision-making persons.
I agree with the Deputy. The problem is in the number of the inspectorate and this is something I am examining. The problem does not arise at the administrative or decision-making level. By the time the oral hearings are over the inspector concerned may be on another job. He has to prepare his report and to submit it to the board for a decision and that is where the problem arises. This emerged from the discussions I had with board members on 3 May. I am attempting to do something with the Department of the Public Service to rectify the situation.
Will the Minister inform the House of the number of inspectors and the number of people involved in decision-making? The delay caused because of the increase in the backlog is just as much an injustice to the people concerned as delay in a lawsuit decision. Will the Minister take steps to ensure that additional staff are provided at every level where required?
I have not the exact number but I will get the information and write to the Deputy. I accept the point that the problem exists at the inspectorate level. There is no shortage further along the line, it is just at the technical inspectorate level.
Will the Minister accept that when the board were set up the intention was to expedite decisions and to take the matter out of the realm of political interference? In view of the fact that we have not achieved the objectives set out, will the Minister consider devolving responsibility to the regions rather than having the matter centralised in Dublin?
I do not think that would be beneficial.
Why not? Will the Minister explain that to the House?
I think that would merely mean we would set up new layers in the inspectorate and other administrative staffs.
The Minister is against regionalisation?
No, I am not. What did the Deputy's Government do with regard to decentralisation——
I only asked a question. There is no need for the Minister to lose his temper.
I am not loosing my temper.
The Minister should not get annoyed with me.
I hesitate to interrupt the private conversation on my own question. In view of the fact that the Minister has confirmed what some of us have suspected, namely, that a sufficient number of planners-inspectors are not employed in his Department, also in view of the fact that planning students who are entering their final weeks in planning school in UCD are facing the prospect of unemployment, and having regard to his responsibility for the construction industry generally, will he bypass the DPS and take on in an emergency capacity a number of inspectors who could expedite the decisions which are holding up jobs on sites throughout the country?
I accept that jobs are being held up. I am very anxious to speed up decisions and I am anxious in particular that the board would concentrate on major job creation decisions. So far as bypassing the DPS is concerned, I saw the expression on the face of the former Minister for Finance, Deputy Bruton, who smiled at the idea of somebody by-passing the DPS. It does not work that way.
Will the Minister not agree that first he should consider finding a way to speed up the procedures in the planning area before he starts adding to numbers in the public service sector, which are already too heavy a burden?
It is a question of filling the vacancies that have not been filled.
I accept the problem with regard to numbers. However, the provision of additional technical personnel which would bring a benefit to the economy generally is a positive step. It is a matter I am working on at the moment.