Environment
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Dodgy Damien English, as Junior Minister (2017-21), and Dave Walsh, now ‘retired’ former head of the planning department, were among the range of officials and Ministers in the Housing Department who served to keep Gerard Convie’s allegations about corruption in Donegal planning out of the public domain.
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BORD PLEANÁLA: O’BRIEN REVERTS TO RAY BURKE ERA LEGISLATIVE ETHOS Media ignore Department of Housing’s disarray over how to appoint a new Chairperson to guide discredited planning appeals body By J Vivian Cooke and Michael Smith Ireland’s crisis-raddled planning appeals board, An Bord Pleanála (ABP), is an independent, statutory, quasi-judicial body that deals with appeals from local authorities and, at first instance, with some large planning applications. Its board members were directly appointed by the relevant Minister until 1983 when the system was reformed following unease with appointments of acolytes, including his own constituency advisor, by corrupt Minister Ray Burke in the golden era of Fianna Fáil-led planning corruption. The reforms established a new ‘arms’ length’ approach where candidates for the position of Chairperson of the board are interviewed by a committee chaired by the President of the High Court and selected by various worthies and NGO bosses whose organisations also have a role in nominating ordinary members. On 22 November, the government announced that it intended to appoint Oonagh Buckley as interim Chairperson of ABP. The appointment is necessitated by the degringolade of ABP’s credibility in the wake of multiple revelations of delinquency that led to the resignation of both its Chairman, David (Dave) Walsh, and its Deputy Chairman, Paul Hyde, who has been linked to multiple conflicts of interests, failures to declare interests and compromising loan write-offs; and is facing criminal prosecution and three unpublished inquiry reports. the government announced that it intended to appoint Oonagh Buckley as interim Chairperson of ABP after the resignation of both its Chairman, David (Dave) Walsh, and its Deputy Chairman, Paul Hyde Buckley is a qualified barrister and adjunct professor of law as well as a well-regarded and experienced civil servant who, during her time in the Department worked on planning policy and legislation. Therefore, she may have been surprised to learn that her elevation to the position of interim Chairperson “will be effected through the use of Ministerial powers to appoint a Deputy Chairperson under existing provisions of the Planning and Development Act, 2000 and further forthcoming amendments through the Planning and Development and Foreshore (Amendment) Bill 2022”. This new Bill is a Department of Housing, (the Department). initiative which was published on 9 November. The sleight of hand in appointing a new Chairperson, bypassing specific legislation, is a reversion to the gombeenism of a different era and will surely not go unchallenged in the courts APPOINTING A NEW CHAIRPERSON There may well be a need to regularise a new Chairperson quickly as the standard way the board operates — in divisions — depends on it. Perhaps reflecting this, the Department emailed Village: “Oonagh Buckley will be seconded to the Dept. of Housing to become an officer of the Minister for Housing. Following that the planned appointment sequence is: “The Minister appoints Ms Buckley as a temporary ordinary board member [Section 108(4)] The Minister appoints her from amongst the ordinary board members as ABP Deputy Chair (Section 107) As the post of ABP Chairperson is vacant, Ms Buckley will under Section 110(1A) [sic] perform the Chairperson’s functions [sic] Section 110(1) functions as Deputy Chair [sic] i.e. (a) ensuring the efficient discharge of the business of the Board, and (b) arranging the distribution of the business of the Board among its members”. An even more dramatic illustration of the position from which the Minister has now resiled was the following exchange on 30 November over a question from Paul Murphy TD: “Question [From Murphy]: To ask the Minister for Housing; Local Government and Heritage if he followed the procedure set out in s.105 of the Planning and Development Act 2000 in appointing a new ‘interim chair’ of An Bord Pleanála; if not, the reason that he felt able to ignore that requirement. Reply [From Darragh O’Brien]: The appointment of the interim Chairperson will be effected through the use of Ministerial powers to appoint a Deputy Chairperson under existing provisions of the Planning and Development Act, 2000 as amended – specifically Sections 107 & 108(4) – and through further forthcoming amendments through the Planning and Development and Foreshore (Amendment Bill) 2022”. The problem is that, while a Chairperson is required, the Planning and Development Act, 2000 (the Act) does not provide for an “interim Chairperson”. In short, all the provisions that allow for direct ministerial appointment under the Act only apply to ordinary members not to the Chairperson. In order to appoint a new Chairperson, the Minister is obliged to follow the complex procedures detailed under Section 105 which require convening a panel chaired by the President of the High Court and including the likes of the Chairperson of An Taisce, and the Presidents of the Construction Industry Federation and Irish Congress of Trades Unions. The theory is sound and gratifyingly has been retained under the proposed reforms of ABP in the Planning and Development and Foreshore (Amendment) Bill 2022. Unfortunately, the Act prescribes that the names of fully three recommended candidates go to government and it is almost impossible, bearing in mind the composition of the panel, that one of those will not be the one favoured by the Department of Housing – often, like David (Dave) Walsh, a Departmental insider. This is in part because the Department convenes the interview panel and hosts its meetings: making it unlikely that ‘planning-uninitiated’ panel members would strike a jarring note, as one of the authors of this piece found when he served on the panel. This should be reformed since institutional renewal will not come at the hands of the ubiquitous Departmental insiders who oversee national planning policy. Certainly, there is scope under Section 105 (6) of the Planning Act for the Minister to amend the composition of the selection panel (theoretically allowing the Minister to appoint himself as the sole member of the selection panel), but there is no power then to circumvent the legal requirements to publish notices of this in Iris Oifigiúil, to make orders, lay such orders before the Oireachtas, etc.
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Construction educators ‘Common Knowledge’ promote empowerment to improve the environment, quality of life and the community. Their Co-Founder and lead instructor is on the television every Wednesday If inadequate housing remains Ireland’s biggest problem, new policy needs to be developed and implemented without delay. Build School “Within Common Knowledge, lies the potential to empower Irish people to create their own destinies, to build or improve their own homes and shelter”. — Manchán Magan Running since 2018 out of West Clare, Common Knowledge is a social enterprise founded by a small, talented and cosmopolitan group whose mission is to empower people with the skills, resources and sense of community for a more sustainable life. Social impact rather than profit is the aim: to support members in creatively managing just transition, removing stigma about actually building, and make living more affordable. The team at Common Knowledge They supplement intensive training with research and development, and community projects including plans for a building-tool library and sheep-fleece mobile scouring-unit. Their mission goes beyond mere concept or metaphor. High-spec Tiny Homes created by course participants got significant media coverage. Common Knowledge’s popular week-long house-building courses combine instruction, demonstration, and practice, shorn of common constraints and prejudices. They provide a comprehensive introduction to construction, covering basic principles so that skills learned on-site are relevant and transferable. “The course is designed for you to leave feeling equipped with the skills and confidence you will need to apply to any structure. So whether you’re planning a new build, dreaming of renovating a stone cottage, want to build your DIY skills and knowledge, or simply fancy the idea of collaborating and working alongside others for a week outdoors, this is the ideal introductory course for you”. Common Knowledge is a successful example of a type of organisation appearing around the country delivering potentially huge help for people to solve not just the housing but also the wider climate crisis. The State of Irish Housing According to the OECD, Irish houses now cost slightly more than the world average. The Department of Housing, Local Government and Heritage, which has lead responsibility, published the Housing For All policy in September 2021. This multi-annual, multi-billion euro plan promises to improve Ireland’s housing system and deliver more homes between now and 2030, to suit housing needs across the spectrum. The chief objective is universal access to good quality homes – to purchase or rent at an affordable price built to a high standard and in the right place offering a high quality of life All fine general principles with which few would disagree. For steady supply in right locations, and economic, social and environmental sustainability, an estimated 33,000 new homes are needed annually, to boost home ownership; eradicate homelessness; reduce resource-wasteful dereliction and vacancy; increase social housing delivery, new housing supply, and affordability; and support social inclusion. Multi-stakeholder input is reflected in 213 delivery actions. A newly-established Housing Commission is to examine themes such as tenure, standards, markets functioning, sustainability and quality-of-life issues, and to suggest wording for a housing referendum. When these exercises may become significant for ordinary house-seekers is unclear. Also emphasised is the non-commercial statutory Housing Agency, established by 2012 regulation to support government and local authorities perform functions under the Housing Acts, through services including: Housing Research and Analysis Housing Supply Supports and Advice Local Authority Services Approved Housing Body Services Mortgage Supports Acquisitions Programme Housing Projects and Procurement Services Pyrite Remediation The dearth of information on their website for everyday homeowners suggests a predisposition to a burgeoning professional and often multi-national corporate class involved in housing provision and management, not unlike the direction evidently being taken by the Residential Tenancies Board (RTB), a public body set up to support and develop a well-functioning rental housing sector. That existing tenants have no option rights on houses they live in if sold is a simple illustration of priorities. Though there has been a precipitous decline in their direct construction of housing in the last 40 years, local authoritiesare still heavily involved, through: building and purchasing houses supporting Approved Housing Bodies to buy and/or build providing accommodation using the private rented sector e.g. Housing Assistance Payment scheme, Rental Accommodation Scheme , Social Housing Leasing Expenditure Programme provision of grants e.g. housing adaptation grants other schemes which expand or improve current living conditions With many rental houses of low BER rating and accommodating resident who are unemployed or on low incomes, the Irish National Organisation for the Unemployed (INOU) and related bodies insist they need consistently distinct attention. The reality that families are being forced to split up to keep their housing eligibility not only violates social rights but confirms the need for new housing formats. State agency Solas is charged with fast-tracking construction training qualifications. A Feasta proposal argues for promoting regenerative hands-on technology in mainstream education. Starting up more organisations like Common Knowledge would foster such practical creativity while helping achieve energy-efficiency goals. Very useful is Citizen’s Information’s list of housing grants and schemes, details of which are often scattered across official and independent sources e.g. micro solar pv panels. Revenue also offers various, sometimes overlapping, reliefs relating to land and property. Planning questions and applications are dealt with by government departments, local authorities and An Bord Pleanála. Properties meeting conservation and heritage criteria may qualify for grants from bodies like the Heritage Council, local authorities, the Irish Georgian Society and others. Homelessness services are increasingly linked to the HSE and also, like health services themselves, being increasingly privatised. On building renovation, the Climate Action Plan 2021 focuses almost exclusively on retrofitting, even releasing a dedicated National Retrofit Plan emphasising four pillars: driving demand and activity; financing and funding; supply chain, skills and standards; and governance. The Sustainable Energy Authority of Ireland (SEAI) administers grants and schemes. The budget levy on concrete, a major producer of greenhouse gases, was for accounting rather than environmental reasons. But climate impact assessment should have top priority by now. Regarding the Plan’s Enterprise commitment
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