Department to consult Attorney General over amendments to planning bill

The department's decision to seek advice comes after a UN committee said the draft legislation fails to comply with an international convention

A spokesperson for the Department of Housing said that, 'at all time, the drafting of the bill was done so in compliance with the convention'. Picture: Getty

The Department of Housing has said it will consult with the Attorney General regarding potential amendments to the new planning bill, after a UN committee said the draft legislation fails to comply with an international convention.

The Aarhus Convention Compliance Committee last week informed the Department of the Environment that, in terms of how it allows for public oversight of the extension of planning permissions, Ireland’s new 800-page planning bill fails to rectify the fact that Irish planning law is out of step with the convention.

The 1998 UN convention, of which Ireland is a signatory, aims to defend the right of public participation in legislative matters and the right of access to justice — such as judicial review.

While the committee informed Environment Minister Eamon Ryan that the new bill is out of step with the convention, Housing Minister Darragh O’Brien insisted that the bill is “unquestionably” in compliance with the convention during a Dáil debate 24 hours later.

Mr O’Brien said that the Attorney General has asserted that to be the case

Previous entreaties from opposition TDs for the Attorney General’s advice on the matter to be published, or at least an analysis or summary of same, have been repeatedly rejected.

Asked if the department now accepts that the bill is indeed non-compliant with the convention, a spokesperson replied that, “at all times, the drafting of the bill was done so in compliance with the convention”.

Housing Minister Darragh O’Brien insisted that the bill is 'unquestionably' in compliance with the convention during a Dáil debate. Picture: PA

Referring to the committee’s progress review as a “draft compliance report”, the spokesperson said that the department “is aware” of the committee’s opinion and “is consulting with the [Office of the Attorney General] on the matter”.

“It must be noted that the [committee] does not ‘rule’ on legislation,” they added.

Previously, Mr O’Brien told the Irish Home Builders Association in April that the new planning bill — the single largest overhaul of Irish planning law in a quarter of a century — would be fully enacted before the Dáil’s summer recess “come hell or high water”.

However, a communication from the Dáil’s Bills Office last Thursday confirmed that the legislation will not proceed to the final debate stage before September — given its complexity and the number of amendments that have been tabled.

The department spokesperson denied that this is in any way related to the committee’s opinion, stating that the bill 'has not been influenced by the report cited'

Planning lawyer Fred Logue, however, said that the report cannot just be “brushed off”.

“It’s an authoritative observation on compliance,” he said, adding that he thinks “they should publish the Attorney General’s advice, and then everyone can see what it is and have a debate”.

“People have been raising issues with other parts — including access to information on the environment, public participation, and justice. It’s not just this one section,” he said.