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Gaeltacht Policy

Dáil Éireann Debate, Tuesday - 13 October 2020

Tuesday, 13 October 2020

Ceisteanna (139, 140, 141, 142, 175, 176, 177, 178, 179, 180)

Johnny Guirke

Ceist:

139. Deputy Johnny Guirke asked the Minister for Housing, Local Government and Heritage if he will direct county councils containing Gaeltacht areas to prohibit the building of housing estates for English speakers in areas in which Irish is a community language, that is, areas designated A and B (details supplied) of a study pursuant to section 31 of the Planning and Development Act 2000; and if he will make a statement on the matter. [30459/20]

Amharc ar fhreagra

Johnny Guirke

Ceist:

140. Deputy Johnny Guirke asked the Minister for Housing, Local Government and Heritage if he will direct that each application for planning permission affecting land in the Gaeltacht be accompanied by a linguistic impact assessment prepared by an independent expert in sociolinguistics, language planning or both that must objectively prove that the proposed development will increase the use of Irish relative to English locally as provided for by regulation under section 33(3)(a) of the Planning and Development Act 2000; and if he will make a statement on the matter. [30460/20]

Amharc ar fhreagra

Johnny Guirke

Ceist:

141. Deputy Johnny Guirke asked the Minister for Housing, Local Government and Heritage if he will direct that persons who establish by means of assessment under a university’s objective (details supplied) a B2 level of fluency in spoken Irish be deemed to have local housing needs for the purpose of a planning permission application and that this be the sole measure of language ability used, pursuant to section 31 of the Planning and Development Act 2000; and if he will make a statement on the matter. [30461/20]

Amharc ar fhreagra

Johnny Guirke

Ceist:

142. Deputy Johnny Guirke asked the Minister for Housing, Local Government and Heritage if he will direct that the percentage of holiday homes in an electoral division within a Gaeltacht area not exceed 10% of the housing stock of that electoral division and in cases in which it does exceed 10% that planning permission applications that would increase the number of holiday home there be refused, pursuant to section 31 of the Planning and Development Act 2000; and if he will make a statement on the matter. [30462/20]

Amharc ar fhreagra

Darren O'Rourke

Ceist:

175. Deputy Darren O'Rourke asked the Minister for Housing, Local Government and Heritage if he is satisfied that local authorities are compliant with the statutory imperative pursuant to a section of an Act (details supplied) that county development plans for counties containing a Gaeltacht area must include objectives for the promotion of Irish as the community language of the Gaeltacht; if this objective is assessed; if so, the way in which it is assessed; the results of same; and if he will make a statement on the matter. [30285/20]

Amharc ar fhreagra

Darren O'Rourke

Ceist:

176. Deputy Darren O'Rourke asked the Minister for Housing, Local Government and Heritage his plans to direct local authorities containing Gaeltacht areas to prohibit the building of housing estates in areas in which Irish is a community language, that is, areas designated A and B in a study pursuant to a section of an Act (details supplied); and if he will make a statement on the matter. [30286/20]

Amharc ar fhreagra

Darren O'Rourke

Ceist:

177. Deputy Darren O'Rourke asked the Minister for Housing, Local Government and Heritage his plans to provide by regulation under a section of an Act (details supplied) that each planning application for planning permission affecting land in the Gaeltacht be accompanied by a linguistic impact assessment prepared by an independent expert in sociolinguistics, language planning or both that must objectively prove that the proposed development will increase the use of Irish relative to English locally; his views in respect of the assertion that the use of letters of support by current or former elected representatives for assessment by planning consultants with no language planning qualifications are insufficient and unsatisfactory; and if he will make a statement on the matter. [30287/20]

Amharc ar fhreagra

Darren O'Rourke

Ceist:

178. Deputy Darren O'Rourke asked the Minister for Housing, Local Government and Heritage his plans pursuant to section 31 of the Planning and Development Act 2000 to direct that in the case of a person with long-established links to a part of an electoral division within a Gaeltacht area, the linguistic impact assessment not be determinative for a one-off house on land in that electoral division to which that person has had the freehold title for over five years, but that planning permission granted contain a condition to prevent the occupation of the house by non-Irish speaking household other than the person to whom permission was granted; and if he will make a statement on the matter. [30288/20]

Amharc ar fhreagra

Darren O'Rourke

Ceist:

179. Deputy Darren O'Rourke asked the Minister for Housing, Local Government and Heritage his plans pursuant to section 31 of the Planning and Development Act 2000 to direct that persons who establish by means of assessment under the objective of a university a B2 level of fluency in spoken Irish be deemed to have local housing needs for the purpose of a planning permission application in a Gaeltacht area and that this be the sole measure of language ability used; and if he will make a statement on the matter. [30289/20]

Amharc ar fhreagra

Darren O'Rourke

Ceist:

180. Deputy Darren O'Rourke asked the Minister for Housing, Local Government and Heritage his plans pursuant to section 31 of the Planning and Development Act 2000 to direct that the percentage of holiday homes in an electoral division within a Gaeltacht area not exceed 10% of the housing stock of that electoral division and in cases in which it does exceed 10%, that planning permission applications that would increase the number of holiday homes be refused; and if he will make a statement on the matter. [30290/20]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 139 to 142, inclusive, and Nos. 175 to 180, inclusive, together.

The ongoing implementation of the language planning process has a statutory footing under the Gaeltacht Act 2012, which is the primary driver in support of the commitment to the achievement of the objectives set out in the 20 Year Strategy for the Irish Language 2010 to 2030.

This is recognised in the National Planning Framework (NPF), which refers to the preparation and implementation of language plans at community level. Objective 29 of the NPF “supports the implementation of language plans in Gaeltacht Language Planning Areas, Gaeltacht Service Towns and Irish Language Networks”.

Separately, the Planning and Development Act 2000 as amended, sets out mandatory objectives for local authorities, which must be addressed in the drafting of their County Development Plan governing local development policies. Section 10(2) of the Planning and Development Act includes a requirement that, where there is a Gaeltacht area within the planning authority’s territory, the development plan must include provisions and objectives for “the protection of the linguistic and cultural heritage of the Gaeltacht including the promotion of Irish as the community language”.

To provide further guidance in preparing appropriate policies, my Department produced ‘Development Plans, Guidelines for Planning Authorities’, to address this mandatory objective of the Planning and Development Act. These guidelines refer to linguistic and cultural heritage and the needs of the community in land-use terms for housing, community facilities, employment, tourism and design, including advertising and signage.

Individual development plans may also oblige applicants for planning permission to submit certain particulars or information to accompany development proposals in Gaeltacht areas, such as assessments of the linguistic impact of the proposed development, in order for it to be assessed against relevant policies of the development plan.

Since April 2019, the assessment of all local authority development plans and local area plans is undertaken by the Office of the Planning Regulator (OPR). The oversight role of the OPR includes ensuring consistency with relevant national or regional policies, including those set out in the NPF and addressing all relevant mandatory objectives for County Development Plans set out in the Planning and Development Act, including the provision of Gaeltacht-specific objectives, where required.

This statutory functions of the OPR may ultimately include a recommendation to the Minister for Housing, Local Government and Heritage to direct a planning authority to amend or revoke a statutory plan, under procedures set out in Section 31 of the Planning and Development Act 2000. Such circumstances include where local authorities fail to adopt policies that reflect the overall national policy position or are in breach of the statutory requirements under Section 10 of the Act.

With respect to any particular case with which a planning authority or An Bord Pleanála may be concerned, i.e. consideration of any planning application, I am subject to limitation in exercising any power or control, which includes commenting or making statements, under Section 30 of the Planning and Development Act 2000. This includes the competence, or otherwise, of individuals to prepare relevant documentation or plans as part of a planning process.

However, I can advise that a planning authority must notify the Minister for Community, Rural and Gaeltacht Affairs (currently the Minister for Tourism, Culture, Arts , Gaeltacht, Sports and Media) and Údarás na Gaeltachta, to invite their views in relation to planning applications for developments which, in the opinion of the authority “might materially affect the linguistic and cultural heritage of the Gaeltacht, including the promotion of Irish as the community language” in accordance with Article 28 of the Planning and Development Regulations 2001 (as amended).

Compliance with these Regulations, including assessment of the suitability of submitted information/ plans, is a matter for the relevant local authorities, in pursuance of their functions as planning authorities. The decision to grant or refuse planning permission in such cases, and to assign conditions to a grant of planning permission, is ultimately a matter for the relevant planning authority or An Bord Pleanála. This includes development proposals such as housing estates or holiday homes.

I am of the view that considering the unique spatial and linguistic circumstances relating to each of our Gaeltacht areas, with local variation between communities and the contexts in which the Irish Language is spoken, that the relevant planning authorities are best placed to implement the framework of legislation, policy and guidance as set out above. I am also satisfied that there are appropriate planning oversight mechanisms and safeguards in place, which include the Office of the Planning Regulator and An Bord Pleanála.

However, a number of Irish language groups, including Conradh na Gaeilge, have raised these matters with me and I have recently undertaken to meet with Conradh na Gaeilge to discuss this more generally in the coming weeks.

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