On planning, Greens don’t want to ‘Leave it to Mr O’Brien’

It was not Darragh O’Brien’s best ever Tuesday. Not alone did he face a confidence motion in the Dáil – cue two hours of Victor Meldrew category complaints – he was also facing some sub-zero headwinds in Cabinet.

The Minister for Housing sought permission from Cabinet yesterday for new legislation that would essentially curb the ability of certain groups to fight a planning application to the bitter end – that means through the courts and the judicial review process.

O’Brien has argued that some of those reviews taken by groups not directly affected by a planning application have bogged down needed housing developments down in the courts for years.

There is merit in the approach. There have been examples where individuals and organisations have objected to a development on the other side of the country and have successfully sought judicial reviews. While such interventions are an exercise of the objectors’ democratic rights, the consequent delays have led to annoyance and anger among politicians, developers and some local communities. The proposed data centre in Athenry some years ago was a good example.

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However, O’Brien’s legislation to make it more difficult to make such objections has run into difficulties within. As Jack Horgan-Jones and Pat Leahy report, two Green Ministers raised concerns at Cabinet that provisions restricting the right of some groups to take judicial review of a decision in the Courts were too strong a denial of access to the courts and would effectively stymie public participation in such decisions to a degree that would not be in the best interests of society.

“It is understood that both Ministers highlighted the need for amendments around access to justice and public participation in decision-making, thought to be centred on the reforms to judicial reviews,” they write.

The new legislation – to be published in the new year – will provide that objectors need to demonstrate the development has had an impact on them. Residents’ associations would also be prevented from taking court challenges. Environmental NGOs would also have to meet certain criteria before having the standing to launch a review in the courts.

The Harry Kane of Irish politics nonetheless had an Argentina-inspired win in the Dáil last night.

The winning margin for the Government’s confidence vote in O’Brien in the Dáil was 23 votes in the end which was as comprehensive as the Argentina 3-0 win over Croatia last night.

For the Opposition, the Housing Minister (displacing Stephen Donnelly as the number one target these days) is no Lionel Messi.

The Dáil voted confidence in O’Brien by 86 votes to 63, with the support of a number of Independent TDs. There was one abstention by Independent TD Marion Harkin.

Indeed during the two hours of debate, he was compared to a slightly more unfortunate World Cup player, as Marie O’Halloran reports:

“Sinn Féin Cavan-Monaghan TD Matt Carthy described Mr O’Brien as the Harry Kane of Irish politics, ‘missing targets and missing them widely’. But the Minister had an advantage over the England soccer captain ‘because he simply moves the goalposts by setting new targets that he knows go nowhere near the level of output that’s required’.”

It was a comfortable enough win for Government in the end. The debate was preceded by the usual wrangling over procedure. Richard Boyd-Barrett and his colleagues in People Before Profit objected to their motion of no confidence facing a wheeled scrum, and emerging instead as a motion of confidence. That brought the debate forward by 24 hours and also gave the Government the first bite of the cherry.

On his last Dáil day as Taoiseach, Micheál Martin spent most of his opening speech attacking, with relish, the ‘populism’ and empty rhetoric etc of the Opposition. There was plenty of that – mudslinging to be precise – to be heard on both sides of the debate.

As Miriam Lord adroitly observed: “Although TDs on all sides knew the whole thing was a motion of no consequence because the Government would win the vote – which it did by a healthy margin – it helped Richard Boyd Barrett and his colleagues garner more publicity for their Handover Day protest march on the Dáil.”

That protest march happens next Saturday by the way and will coincide with the changeover of the Taoiseach-Tánaiste roles.

Best reads

The names of members of the new Electoral Commission have been disclosed, Pat Leahy reports. One of the new members is former Fianna Fáil minister John Curran. One of the first tasks of the new commission will be to revise constituencies in light of the census. Every single TD (and Senator) in the House is already aware of what might happen in their own back yards because of population changes.

The Government has approved four members – including a former Fianna Fáil minister – of the first independent Electoral Commission, the new body which will oversee elections and referendums in the State.

Miriam Lord’s column on Micheál Martin’s last Dáil day as Taoiseach saw him take some weakish stabs at humour.

Jennifer Bray has all the details on the long-awaited surrogacy legislation which was approved by Cabinet yesterday.

Olivia Kelly reports that apartments transferred by American developers Kennedy Wilson to Dublin City Council for social housing at Herberton, Rialto – in lieu of far more expensive units in the city centre – still lie vacant because of fire safety issues.

Michael McDowell argues that in light of the research findings published in The Irish Times, the best solution for a political solution for the island of Ireland would be a form of confederacy.

Kathy Sheridan traces through the history of shared prime ministers in other countries and argues it is a good example of democracy in action.

Playbook

Dáil – a very busy day on the legislative front

12.00: Leaders’ Questions

14.05 Planning and Development and Foreshore (Amendment) Bill 2022 (Seanad)

16.00 Appropriation Bill 2022

16.30: Local Government (Maternity Protection and Other Measures for Members of Local Authorities) Bill 2022

17.00 Planning and Development and Foreshore (Amendment) Bill 2022

19.00: Assisted Decision-Making (Capacity) (Amendment) Bill 2022 21.00: Water Environment (Abstractions and Associated Impoundments) Bill 2022 (Seanad)

21.45: Weekly voting.

Seanad

2.45: Work Life Balance and Miscellaneous Provisions Bill 2022

14.15: Motion regarding the appointment of four Public Appointments Service (PAS) – selected candidates to the Board of the Electoral Commission – An Coimisiún Toghcháin

15.30: Statements on the recent travel disruption at Dublin Airport and contingency planning for the coming weeks

16.30: National Tourism Development Authority (Amendment) Bill 2022;

16.45: Health Insurance (Amendment) Bill 2022

18.00: Tailte Éireann Bill 2022

18.30: Private Members’ Business: Animal Health and Welfare (Dogs) Bill 2022 (Second Stage)

(Senators Lynn Boylan, Fintan Warfield, Paul Gavan, Niall Ó Donnghaile)

20.30: Seanad adjourns

Committee

09.30: Transport

The Committee’s consideration of Ireland’s National Aviation Policy. A discussion with Aer Lingus CEO Lynne Embleton.

09.30 Social Protection

Pre-legislative scrutiny of the general scheme of the Automatic Enrolment Retirement Savings System Bill 2022.

10.00: Justice

Report Launch: Minorities Engaging with the Justice System

Report Launch: An Examination of the Present Approach to Sanctions for Possession of Certain Amounts of Drugs for Personal Use

17.30: Budgetary Oversight

Tax Expenditures: Film Relief Section 481 Tax Credit. A discussion with representatives from Element Pictures