Thread by @NoonanJoe

Haven’t we had enough planning scandals?
irishexaminer.com/opinion/commen…

‘It is difficult to escape the conclusion that the amendments are being rushed through to avoid controversy, negative media coverage, and the requirement to actually explain what is at issue.”
- @Mickcliff

‘Again.’
- Me

“On Thurs. evening opposition politicians were given details of 48 pages to be added to a 20-page planning bill.
2.5 hours have been set aside on Wednesday to debate these along with amendments from the original bill. It will be impossible for proper Dáil scrutiny to be applied.’

Here is the clear stark warning from Chief Justice Frank Clarke four years ago, speaking from experience. See what he says at p.9

scoirl.files.wordpress.com/2018/07/chief-…

When lobbyists call more complexity ‘streamlining’ and judges say more complexity means more litigation and delay.

Someone needs to step back and take a dispassionate look at how we get out of this doom loop.

The first business today oireachtas.ie/en/oireachtas-…

Minister admits that he wants to suspend standing orders because amendments brought in now go outside the scope of the Bill that has been under consideration for months now.
Will the Dáil agree?
If so QED.

Minister's script should be available for members to read as he speaks. It is not. Leas Ceann Comhairle @catherinegalway suggests we wait for the copies of the Minister's speech to reach Teachtaí before continuing 'as it is quite technical'.

Resumes, without script, as LCC notes any more delay will be at expense of members who have to finish speaking on this motion at 10.00am.
Live at oireachtas.ie/en/oireachtas-…

So by the simple expedient of withholding copies of his script, the Minister makes detailed comments to an almost empty chamber, with others no doubt watching online, where no one else can scan throught to prepare their replies.

They must have a very slow copier in there :-)

First responder is @EOBroin on what is an abuse of the Dáil and an insult to the public. 48 pp amendments to an 18 pp bill, covering multiple areas outside the scope of the Bill as introduced. Scrutiny made impossible. Some amdts are ok but the changes to JR and others are not.

@eobroin recalls many previous Govt claims about bringing in 'efficiency measures' which end up making a messy system even worse, leading to more litigation and more costs on the taxpayer. This motion is part of that philosophy.
#BadPlanning #BadLaw

This will be harder for the public and more expensive for everybody, he predicts. Asks for certain amdmts to be withdrawn eg #25 and #26 re JR and others incl so called 'design envelope'.

Now @AodhanORiordain
attacks the rush, the lack of scrutiny by stakeholders. The Minister is also in parts trying to clean up previous mistakes. No clarity on why doing this at this late stage. The most serious changes are in Judicial Review. The SHD bypass is a disaster.

Quotes @fredlogue in the @irishexaminer on the obligation to provide a system of review that is fair, timely and not prohibitively expensive. @Labour opposes the motion. Rushed law is bad law.

For @socdems @OCallaghanCian asks if any proposals are being withdrawn. He gets a muttered inaudible response from the Minister. (This refers to @mickcliff report in @irishexaminer today that one was being dropped after pressure and publicity.)

@OCallaghanCian gets on record that Amdmt #25 is being dropped. He asks for #26 and several others to be dropped also. Let's get them scrutinised and do them right.

He now goes into the context surrounding Bord Pleanála and says it is quite shocking to limit people's ability to hold ABP to account at this time. Do the courtesy to the people not to brush these big changes off as 'streamlining'. These are profound changes. People see this.

He notes @PresidentIRL commenting on being landed with a raft of last minute Acts for signature at the end of term. This is a rotten process. Wait on reports into ABP and the planning review.

Incredibly sharp practice says @rboydbarrett. Briefed on Monday by officials on 48 pp of amdmts to an 18 pp bill, he asked them for an Explanatory Memorandum, as is normal. This Bill is being guillotined. He got the EM at 8.58am this morning. The Govt is laughing at Opposition.

@RBoydBarrett reckons the provision on 'make it up as you go along' so called flexibility proposal needs serious scrutiny. He thinks it is being dictated to Govt by the Industrial Wind Turbine Lobby. Limiting the ability of people to ask a Court to check the legality.

Govt barrels through matters at this time of year every year - matters of very serious import - denying everyone the chance to examine them. Outrageous.

@seancanney says this is being done in a hamfisted way, while he agrees, like others, to some changes. It will be like manna for people wanting to bring this through the Courts.
No resources in Galway CC for any pre planning mtgs. Starved of money. Planners have up to 90 a day.

Local Authorities do not have essential resources. Galway has no Architect, no Ecologist. We have to see what needs to be fixed. The system is not right.

Planners in @GalwayCoCo can have up to ninety applications a day. It is impossible he says.

Then he attacks people who object, saying he does not know where they get the money.

Delays in the system slow down delivery of social housing he says. Some flexibility makes sense, with some engagement pre planning, which will mean fewer objections. @seancanney
#BadPlanning #NeedsSorting

He says he is concerned that amdmts are being rammed through.
He adds that it is unsatisfactory to see in the news paper that one change is being dropped. h/t @Mickcliff

@MHealyRae This is politics at its worst. Give us all an opportunity to debate. How can it be right that an ABP Insp can visit, look, report, and be ignored by a couple of people in Dublin in whatever state they may be?

@RichardODonoghu This is an insight into what this government is like. People can get no clarity on the rules about exemptions.
Two thirds of County Limerick is ruled out for development because infrastructure is at max capacity.
A person should be entitled to return to home.

Danny Healy-Rae says ramming this through is totally and absolutely wrong. Denying the right of judicial review is very serious. It is costly but it is there.

He is very concerned about view of the Planning Regulator being at odds with the broad view of Kerry Cllrs. Councillors know that people do not want industrial turbines close to their houses.

@ThomasPringleTD It is mindboggling. Shocking the contempt the Govt has for this house. They moved to ratify yesterday a treaty signed 50 years ago!
Plenty of time to do this right. No scrutiny today. Shocking disregard for this House, democratic process and people of the country

@ThomasPringleTD
Shocking the contempt the Govt has for this house. They moved to ratify yesterday a treaty signed 50 years ago!
Plenty of time to do this right. No scrutiny today. Shocking disregard for this House, democratic process and people of the country

If ABP followed the law, there would be no judicial review, because the Courts would not permit them.

@thomaspringle hits nail on head. With mallett.

The govt represents money. So this will be carried.

Voice vote deemed carried by @catherinegalway Leas Ceann Comhairle. Formal vote called. Will be taken later (measaim!)

Thanks for reading.

It is always educational to see this in real time.

@thomaspringle also noted the Minister had not even told the Dáil about his intention to withdraw Amdmt 25 (the one giving ABP a new Superpower - to change its decision after someone went to court for a review - the Shapeshifter Amdmt I call it). It had to be dragged out of him.

(A mallett is a really powerful mallet - ok?)

The truncated debate is on this evening at 7.09pm precisely. It will be guillotined after about two hours.

So if this morning had you transfixed, or if you missed it and really want to see the entrails of power blowing in the wind this evening, tune in and turn on.

#BadLaw

Many excellent contributions. Sometimes the simplest line is the best line. None better than this -

If ABP followed the law, there would be no judicial review, because the Courts would not permit them.

- @ThomasPringleTD

@ciananbrennan

Tl; dr
This evening at 7.09pm precisely, the Govt will bludgeon the Dáil into approving, mostly with no debate, 47.5 pages of amendments it has pulled out of its arse.

As a sop to the outraged (mainly as a sop to one of the partners in the Troika) it has dropped 0.5 of a page

Here in all its glory - data.oireachtas.ie/ie/oireachtas/… - the one they have graciously dropped to quell a green hue an cry is No. 25 at the foot of page 18. No. 26 is as bad and there are several more equally rotten, with more again pushed on the country with no discussion. At all.

The guillotine falls 2.5hrs after the presentation begins.

Shorter than a good Bruce Springsteen gig.

Robust legislative scrutiny goes the way of robust planning assessment.

It's with O'Leary in the grave.

poetryfoundation.org/poems/57309/se… #Yeats
#WhereYouStandDependsOnWhereYouSit

Timing is exquisite. Most media distracted or on hols.

Fair play to @irishexaminer @ciananbrennan @mickcliff @noteworthy @thejournal_ie @cormfitz and more who see this, digest it and try to inform the public.

We have had enough bad planning. Time up.
thejournal.ie/judicial-revie…

More from a source close to the scene who says the Minister did not know the answer to the question from @OCallaghanCian so he had to turn to a civil servant, who told him what amendment to drop.

A glimpse of Irish law making as it is, rather than as it is claimed to be.
#Boss

D.I.S.G.R.A.C.E - We need a song by Dolly Parton. @DollyParton #Help

Scene ll opens in a few minutes, at 7.09pm. Live and kicking -

oireachtas.ie/en/oireachtas-…

The people have spoken.
That the Bill be now put.

77 62 official score re Second Stage.
Moving to postponed division from morning, to suspend standing orders to enable the extra 47.5pp to be bolted on to the carriage they have nothing directly to do with.

It's what the people want. Let the debate begin.

Exeunt (not quite) omnes. Next the speechifying.

#BadLaw #BadPlanning

#TIL

Minister, reading from this supplied script, does not appear to know that "construed" and "constructed" are two very different words.

Worth tuning in now. @EOBroin up first.

He goes there. The #Derrybrien scandal. A consequence of similar shoddy law-making.

Taken on by @RBoydBarrett - trees were cut down; wind tribunes put up; the mountain fell down.

Taxpayers are still paying the EU Court fines.

#Derrybrien #BadPlanning

The Minister presenting this is @peterburkefg

@OCallaghanCian says govt needs to get out of its mindset of blaming the judiciary.

Our job is to get the legislation right. If we do that, there will be less delay in the Courts or anywhere else.

@mattiemcgrathtd refers to the Minister Dara O’Brien, “or the new Rambo as I call him, the arrogance dripping out of him.
You wouldn’t mind if he actually did anything.”

It’s Wild West legislation. - @mattiemcgrathtd

He then takes a detour to slam An Taisce in familiar fashion. Before quibbling with @RBoydBarrett’s account of the mountain falling down.

Wrapping up, he says it is total anathema to good governance and legislation. Wide open for legal challenges.

Hugely disappointed.

@DuncanSmithTD This was never flagged - an avalanche dropping on the last day. Planning and development has a long, sorry history of impact on people but also on our politics. So time and space to scrutinise planning law is vital. You are denying us the chance to do our work.

Who welcomes this? The Construction Industry Federation. That tells us everything.
Lack of faith in Bord Pleanála too.
@DuncanSmithTD

Danny Healy-Rae echoes @mattiemcgrathtd on theme of eliminating the local and knowledgable role of the Local Authorities around the country. They are being sidelined. That is a loss and a shame. A backward step.

Mr Healy-Rae says that he does not know whether the Planning Regulator has ever been in Kerry, yet he gives directions to the county’s elected Councillors.

He also slams An Taisce in terms that trigger an intervention by @catherinegalway on who the final decision maker is.

Meanwhile down the corridor.

And from outside the Pale

https://twitter.com/LiamQuaide/status/1546752596827951109

Mr Matthews would stand up any day and defend access to justice.

But “we are going to have to streamline judicial review” ….

And on No. 26 Forcing Judges’ hands. Judges, he says have remitted files back to too early a stage.

(So judges are not to be trusted to do the right thing in a given case, apparently, but are to be ordered by law.)

Classic political interference with long established and well understood judicial discretion - that allows a judge to do justice in a given case in the way the judge thinks may be appropriate - has just been forced onto the statute book.

That may well find its way to the Supreme Court and the EU Court of Justice.

But hey, we all support access to justice, don’t we?

Always a joy to listen to @catherinegalway managing the business of the House.

Now on “flexibility” - to deal with a High Court decision, he says.

What is unsaid is that the Court decision simply upheld applied the long established law on applications, in a case where it was being ignored. So the govt is now going to “legitimise” that.

To suit lobbies.

@OCallaghanCian says this is a speculators’ stunt. Something to enable valuation jumps. Anyone actually wanting to build will not be interested in it.

This will fail EIA requirements.

Do it properly and that is how to cut out delays.

@ThomasGouldSF says this is Lastminute.com law making - not acceptable.

#BadPlanning

There’s been no lobbying on this, insists the Minister. It has come from the Attorney General.

When the Minister gives us those assurances, he’s been given them by someone else.

- @RBoydBarrett

The letter from @AnTaisce says it all. I’m pretty surprised the Greens are going along with this, concludes Deputy Boyd Barrett.

Sos beag. Musical interlude.

Almost time #BadPlanningDay

#MissionAccomplished

79:62

Finally, my warm thanks to the TDs, researchers, NGO staff and volunteers, journalists and legal colleagues who shone a light on this murky dealing and who succeeded in forcing an embarrassed Government Party into squeezing out one important concession. It all counts.

Just a-head of Bastille Day.

'The chair of An Bord Pleanála has declined to apologise for the actions of the body he oversees, and a series of scandals in which it finds itself.'
- @ciananbrennan
irishexaminer.com/news/arid-4091… #LessonsAreLearned