asked the Minister for the Environment the reason for the delay in bringing the Local Government (Planning and Development) Act, 1983, fully into operation.
Ceisteanna — Questions. Oral Answers. - Local Government (Planning and Development) Act, 1983.
5.
There has been no undue delay in bringing the Local Government (Planning and Development) Act, 1983, into operation. On 6 October 1983, an order was made bringing certain provisions of the Act, including those provisions aimed at speeding up the appeals process, into operation. I intend to make an order in the near future bringing the remaining provisions of the Act into operation.
Would the Minister accept that when the planning and development Act establishing An Bord Pleanála was passed it was the intention that An Bord Pleanála would operate as an autonomous body? Would he accept that the intention of that Act has not been fulfilled because An Bord Pleanála were never allowed employ their own staff? As I understand it — and the Minister can correct me if I am wrong — An Bord Pleanála have one employee who was employed directly by the board; everybody else was employed by the Department of the Environment.
The question concerns the 1983 Act and when it came into operation.
Following the enactment and before the making of the commencement order and regulations giving effect to certain provisions of the Act, it was necessary in formulating the new board to contact 22 organisations to see if they were agreeable to act as nominating bodies. I am sure the Deputy agrees that this section of the Act has operated in accordance with the legislation so far as the selection of personnel is concerned. It will be up to the board to see that certain suitable staff may be nominated from outside the Civil Service.
The Chair is correct when he says that my question relates to the 1983 Act but there has been a delay in bringing it into force. The Minister will recall that the Government rushed the 1983 Bill through the Dáil before the summer recess giving the impression that there was a degree of urgency attached to having this Bill passed. Despite that, the new procedures have not yet been brought into operation; the old board continue in office.
A question, please, Deputy.
I would like the Minister to state clearly the reasons why the proposals in the 1983 Act have not been implemented. Are there any other reasons which are not being disclosed for the delay in implementing this Bill which we were told was of such importance?
I hope I can satisfy the Deputy that there was no undue delay. In accordance with the Act and regulations, requests were made on 7 October 1983 to each of the nominating organisations to submit names and curriculum vitae of two candidates considered suitable for appointment as ordinary members and the organisations were given until 6 December 1983 to submit their nominations.
A request was also made to a special selection committee on 14 October 1983 to select three suitable candidates or fewer if the committee considered there were not three such candidates suitable, for appointment as chairman. The post of chairman was advertised by the committee on 28 October and 11 November 1983. The selection committee interviewed a number of candidates following which the committee informed me on 9 January 1984 of the names of the candidates selected. In accordance with the provisions of section 5 of the Act the Government are considering the names submitted and will shortly announce the name of the person whom it is proposed to appoint as chairman. All the nominating organisations have submitted the names of persons considered as suitable for appointment and I will shortly announce the names of the persons proposed to be appointed as ordinary members.
Is the Minister saying that the Government will select the new chairman of An Bord Pleanála and the people who will serve on that board?
I will nominate the person I consider to be most suitable and it is for the Government to accept or reject that nomination.
This will be a political decision made by the Government on the nomination of a member of the Government.
As the Deputy knows, three names or fewer could have been put forward by the interviewing committee set up by the legislation. These three names have now been submitted to me and one will be submitted to the Government for their consideration and acceptance as chairman of the board.
Is it not true that the Minister, the then Tánaiste and the Government sought to create the impression that they were abandoning the existing Bord Pleanála and replacing it with a board whose appointees would not be political——
We cannot have a Second Stage debate.
——and this was the reason for the change of personnel and the structure of Bord Pleanála? Now it is emerging clearly that the reason for the delay is that the Government are cogitating on what persons they are going to appoint as chairman and members of an Bord Pleanála. This is a political decision and——
The Deputy has not listened to what I had to say.
——there is no change in the end result.
The Deputy did not listen to what I said.
I know all about it.
The board will be appointed in accordance with the legislation.
A final supplementary.
Would the Minister confirm or deny that the reason for the delay in making this appointment can be attributed to the fact that cases have been brought before the courts by the chairman and existing membership of An Bord Pleanála?
That is an argument.
Are there cases pending? Have there been legal proceedings in regard to the——
Deputy Molloy knows the Chair ruled a question on that topic out of order yesterday on the grounds that it was sub judice and he should not try to raise it in this manner.
If it is sub judice the Chair is confirming that cases before the courts are pending. Surely we are entitled to this information? I do not want to know the details I just want to know if a case is being brought.
That question has been ruled out of order.
That is one reason for the delay in appointing the new board.
Question No. 6.
Is the Minister denying that cases have been brought by the chairman and the members of An Bord Pleanála?
It would be inappropriate for me to say anything in that regard.
Is it inappropriate for the Minister to confirm to the House that legal cases are pending?
It is.
Even though the Minister made reference to the fact that——
The Deputy is challenging the ruling of the Chair and that is out of order.
It is a big cover up.
I will not have that. I will not have any reference to a cover up. If the Deputy wants to challenge the ruling of the Chair, there is an orderly way of doing that.
A Cheann Comhairle, could I have some information and direction from you? The Minister has informed the House that he is refusing to confirm or deny that cases are pending before the courts, and yet you refused a question from me on the grounds that the matter was sub judice. If the matter is sub judice surely there must be a case before the courts. Surely it is not too much to expect the Minister to confirm or deny that.
The Deputy is challenging the ruling of the Chair in the House and that is very disorderly.
I suggest that my questions are very reasonable.
I must ask Deputy Molloy to comply with the request of the Chair. I will not put it any stronger than that.
There is a contradiction between the Chair and the Minister.
If the Deputy thinks that, that is OK. Uimhir 6.
The Chair says it is sub judice and the Minister will not confirm or deny that. Why is this such a politically sensitive issue? Why are the hackles rising because I mentioned An Bord Pleanála.
There are not hackles rising.
The Deputy should comply with the request of the Chair. Uimhir 6.