John Cummins
Waterford · Fine Gael · Ireland
“To ensure a structured and comprehensive examination of the issues, the task force was organised under four work themes: structures, funding, functions and governance and accountability within the local government sector.”
“At the outset, I thank Senator Fitzpatrick for raising this important issue this morning. I am acutely aware of the strong interest that exists within this House in matters relating to local government.”
“Engagement took place with a wide range of organisations and representative bodies, including employer and employee representatives, community and voluntary organisations, academic experts and other key stakeholders.”
“I move: That Dáil Éireann approves the following Regulations in draft: Planning and Development (Exempted Development (Act of 2000)) Regulations 2026, Planning and Development (Exempted Development (Act of 2000)) (No. 2) Regulations 2026, Planning and Development (Exempted Development (Act of 2000)) (No.”
“In that context, I welcome the opportunity to address the House and to provide an update on the progress made today in advancing that recommendation and strengthening local democracy more generally.”
“The task force was charged with delivering its report within the challenging timeframe of six to nine months. However, considerable preparatory work already completed across the sector provided a strong foundation and enabled that timeline to be achieved. The task force, as the Senator rightly pointed out, was chaired by Mr.”
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“The enhanced community care programme has expanded from the nine pilot community healthcare networks in 2019 to 96 now. To date, 27 of the 30 planned community specialist teams, CSTs, for older persons and 26 of the 30 CSTs are in place, with 81% of the planned 3,500 whole-time equivalents recruited. As part of the enhanced community care programmes, the integrated care programme for chronic disease provides enhanced access to diagnostics and specialist opinion for general practitioners, which sets the foundation for expedited heart failure diagnosis. Ireland is recognised as a world leader in identifying those at high risk of the development of heart failure. An approach to heart failure, STOP-HF, has been developed where a specific blood test determines the impact of risk factors on heart function.”
“Cardiovascular health is a priority in the programme for Government, which commits to developing a new and more ambitious cardiovascular plan, enhancing patient care and timely access for all regions of the country. The national review of cardiac services was published recently. Its recommendations provide an evidence base for reform of cardiac services and the report is a key enabler of progress. The HSE is currently developing an implementation plan for this. Ireland has made significant progress in managing heart failure through the heart failure model of care 2021. This aims to standardise care and improve outcomes for patients. The enhanced community care programmes are supporting the development of 30 ambulatory care hubs for chronic disease management in the community and the roll-out of modernised care pathways.”
“I thank Senator Gallagher for raising this important Commencement matter, which I am taking on behalf of the Minister for Health. Heart failure is a complex condition that affects thousands of people in Ireland. Many people are unaware that they have heart failure, due to the gradual onset of symptoms, which are often mistaken for normal signs of ageing or attributed to other health conditions. Therefore, heart failure has often progressed significantly by the time a diagnosis is made. Treatment requires co-ordinated multidisciplinary care, as the Senator rightly pointed out, and the Government recognises the significant burden that heart failure can place on individuals, families and the health system, as a whole.”
“The Department is fully aware of the needs of Scoil Mhuire and the local area and the application for a new school building. I assure the Senator that the application will be reviewed further following the outcome of the NDP allocation process. The Department acknowledges the ongoing discussions concerning a proposed new school building, which the Senator rightly pointed out. It will continue to engage with the patron, local authority and, I am sure, local representatives as part of its ongoing review of school requirements for the whole Carrick-on-Shannon area. I again thank the Senator for raising this matter.”
“It is expected that there will be clarity on these allocations over the course of the summer period. This will allow the Department of Education and Youth to plan its capital programme for the 2026 to 2030 period in line with prioritised needs and reflecting, as appropriate, wider Government priorities. Maximising existing capacity in schools to meet needs is very important. The progression of prioritised individual projects to meet the most urgent needs in the 2026 to 2030 period that cannot be met through existing capacity across schools in the local area will be considered on a rolling basis from autumn onwards after the NDP allocations are finalised.”
“Since 2020, the Department of education has invested over €6 billion in our schools throughout the country under the national development plan, involving the completion of over 1,400 school building projects. Government support for this investment, including by way of supplementary capital funding, has delivered real benefits for school communities. A recent Government decision approved €210 million in supplementary capital funding from the Department, which brings the total capital allocation for 2025 to €1.6 billion. As part of the NDP review process, all Departments, including the Department of Education and Youth, are currently engaging with the Department of Public Expenditure, Infrastructure, Public Service Reform and Digitalisation with respect to NDP allocations for the period 2026 to 2030.”
“The subsequent analysis of this significant amount of data will take some time but will help determine priorities going forward in respect of retrofit and refurbishment projects. The process may ultimately identify a requirement for the replacement of some accommodation, but this is not expected to be widespread. This overall process is particularly valuable in facilitating a proportionate assessment of a school’s accommodation upgrade needs relative to all other schools and allows an effective prioritisation of capital investment. The programme for Government recognises the importance of strong capital investment in the school building programme and supporting this with enhanced allocations through the national development plan process.”
“Applications from schools for major capital works must be considered in the context of capacity requirements and climate action commitments. The Department’s approach is to maximise the usage of existing capacity in schools and manage the progression of the existing pipeline of projects within its allocated capital funding envelope, in line with the Government’s infrastructure guidelines. Maximising existing capacity in schools to meet needs is very important from both a climate agenda and budgetary perspective. The plan for working this through at a national scale will be informed by the outcome of the energy and condition surveys of all schools, which are currently under way and due for completion by mid-2026.”
“I am taking this matter on behalf of the Minister for Education and Youth, Deputy Helen McEntee. I thank the Senator for raising the matter of the status of a new school application for Scoil Mhuire, Carrick-on-Shannon, County Leitrim. Scoil Mhuire is a co-educational school under Catholic patronage. As the Senator rightly pointed out, it is the result of an amalgamation in September 2013 of the local boys' and girls' national schools. The current staffing at the school is a principal, plus 19 mainstream posts and six special education posts. There are currently 465 pupils enrolled in the school. The priority in the Department is to ensure the provision of school places to meet the needs of children and young people at primary and post-primary level, including children and young people with special educational needs.”
“It is appropriate to allow this retrospective suspension as the delay due to judicial review was outside the control of holder of the permission. In almost all cases where a permission is subject to judicial review, no development takes place while the judicial review is under way due to the risk that the permission can be overturned. However, this provision will not apply in the very small number of cases where development did commence. The Minister of State, Deputy O'Sullivan, will take Members through the rest of the provisions.”
“The aim of this provision, which only applies to new permissions, is to ensure that time is not lost on a permission where it has been subject to judicial review and that the full duration of the permission is available if the permission is upheld. This Bill introduces provisions that allow holders of all permissions that have already been through the judicial review process to apply to a planning authority for a retrospective suspension of the permission for the period of the judicial review. At the moment the clock does not stop on a duration when the permission is subject to a judicial review. For example, if a permission granted in July 2022 was subject to a judicial review which took two years to complete, but in respect of which the decision was upheld, it would now get those two years back in terms of time left.”
“Section 42 of the Act of 2000 will expire in October 2027 as the Planning and Development Act 2024 provides that it will continue to operate as a transitional measure until three years after the passing of the Act. At that date, the extension of duration provisions in the Act of 2024 will come into effect. On that basis, this new provision will also expire in October 2027. The Bill extends the judicial review provisions of the new Act. Section 180 of the 2024 Act provides that the holder of a permission can apply to suspend the duration of the permission while it is subject to a judicial review.”
“The application for the extension of duration must be made within six months of the commencement of the legislation and the development must commence within 18 months of the commencement of the legislation. This is to encourage the activation of the development and the delivery of additional housing in line with existing permissions. A further application for an extension of up to two years may be made once the development is substantially complete. This is to allow time to complete the development. Where there is more than two years left on the duration of the permission, there is still adequate time for the development to commence and an application for an extension to be applied for in the normal manner.”
“The Bill amends section 42 of the Planning and Development Act 2000 to allow holders of permission for housing developments that have not yet commenced to apply for an extension of duration of the permission for up to three years, provided that an EIA is not required. Currently, an application for an extension of duration can be made only for developments that have been commenced and are substantially complete. By allowing holders of permissions to apply before the commencement of the development, it will address the issue of permissions that do not have enough time left to commence and be substantially complete before applying for an extension. Such an application will only apply to housing developments with fewer than two years left on the duration of the permission.”
“It is estimated that approximately 15,000 of these units are due to expire within the next two years. An Coimisiún Pleanála figures show that just under 19,000 units over 52 sites were either subject to judicial review and subsequently permitted, or remain in judicial review over the past five years. Of these, almost 16,000 units have been permitted notwithstanding the judicial review process and just over 3,000 units are still subject to ongoing proceedings. In all of these cases, the duration of the permission has been eroded due to judicial review proceedings. This Bill will address expiring permissions to encourage their activation through focused and timebound measures.”
“Permissions of all types have also been delayed due to judicial review proceedings, which were outside the control of the holder of the permission but in many cases have resulted in a minimum time left to commence the development once a judicial review has concluded. The substantial increase in judicial reviews has had an impact on larger developments in particular. For example, the number of all legal cases involving An Coimisiún Pleanála has grown from 41 in 2018 to 143 in 2024. Residential data for the Dublin region for the end of 2024 also highlighted these issues, when there were 40,112 uncommenced residential units on 265 wholly-inactive development sites within Dublin. Of these, the average time period that remained to estimated permission expiry date was 2.9 years.”
“That brings me to the measures I wish to introduce as part of this Bill. The Government is committed to enabling the delivery of much-needed housing and addressing any issues that arise as quickly as possible and in a proactive manner. There is evidence there are a significant number of planning permissions for housing that are due to expire shortly that have not yet commenced. While planning permission is an essential step in any project, there are other factors that may impact on the commencement of a project, such as the availability of development finance, other economic factors such as market viability, infrastructure constraints, or phasing.”
“This is being addressed in parallel and a ministerial action plan is being implemented, with five key theme areas to enhance the capacity of the local government system and An Coimisiún Pleanála, as well as other key measures. Government has also approved and published the revised national planning framework, which will create the conditions for accelerated housing delivery across the country. It will give clarity to local authorities on translating the revised housing requirements at a national level to local development plan level in order to identify the quantum of zoned land that will be required to increase our housing output. In this regard, we will be giving this detail to local authorities very shortly but in the interim, the Minister, Deputy Browne, has written to local authorities advising them to commence the variation process.”
“To date, there has been extensive engagement with Departments and key infrastructure providers and their proposals are being considered as part of the review. A wider public consultation will commence very shortly and members of the public, State bodies and all other parties will be able to have their say before the regulations are finalised. The revised regulations will come into effect when Part 4 of the Act has commenced, however it may be necessary to prioritise measures around slurry storage and detached modular homes ahead of Part 4 commencement. While reforming our planning legislation is key, we must also look at resourcing across the planning system. That has been raised by many Deputies over the past number of weeks.”
“Central to this is the need to take account of changing domestic needs and the implications of adapting to climate change, including measures to improve resilience as well as revise standards for infrastructure reinforcement that take account of new and emerging demands. From a housing perspective, I am looking to make it easier for people to adapt their homes to their lifestyle, whether that is by allowing detached units in rear gardens, subdividing existing housing for multigenerational living, or making it easier to upgrade homes. Another important consideration is the need to deploy resources both technical and administrative within the planning system in the most effective manner and to reduce, where appropriate, the need for planning permission for minor developments.”
“A detailed implementation plan has been published that includes a commencement schedule for the Act and a range of initiatives to support training and engagement for the planning sector in preparation for the phased transition to the new legislative framework. A key element of this work is the review of the current exempted development regulations, which is under way. The majority of our current exemptions from the need for planning permission have been in place since 2001 and it is important that we take the opportunity to review them as part of the development of the new regulations.”
“Separately, provisions to enable the identification of sites for urban development sones, UDZs, provide for an updated and more flexible approach to the planning and delivery of areas with significant potential for large-scale development and the associated necessary infrastructure, replacing the current provisions that enable the creation of strategic development zones. Further key areas of the Act will be commenced over the remainder of this year, particularly Part 3 relating to the national planning framework, NPF, national planning statements and development plans. Behind the scenes, my Department is preparing new regulations to accompany the 2024 Act and working closely with local authorities and other key stakeholders.”
“As many Deputies will be aware, given the scale of the 2024 Act, it is necessary to implement it on a phased basis to facilitate the transition from the arrangements under the current Act to those under the new Act. Two key areas of the Act have been commenced so far. First are the provisions to enable the establishment of An Coimisiún Pleanála, which introduced a comprehensive organisational restructuring that will result in a modernised planning body, fit for the 21st century and with clearly defined roles and responsibilities.”
“I move: "That the Bill be now read a Second Time." I am pleased to bring the Planning and Development (Amendment) Bill 2025 before the House today. Members will recall the size of the Planning and Development Bill 2024, which was enacted last year. Many of us worked extensively on that legislation, both at the joint Oireachtas committee and in both Houses. While the implementation of this Act is a key priority for the Government, it is important that the planning system remain agile and responsive to issues. This is why I am bringing this Bill forward today. I acknowledge the extensive work of my officials who undertook the preparation of the legislation that is before us. Before I get into the details of the Bill, it is important that I set out the work done since the 2024 Bill was enacted.”
“Our heritage is so important and the work that goes on by so many individuals and community groups right across the country, in collaboration with the Heritage Council and all of the staff who work in this area, is really valued and appreciate by the Department. We will continue to work with them going forward.”
“I thank Senator Noonan. Again, I acknowledge his work in this area. Notwithstanding that the council has been able to discharge its responsibilities very effectively in recent years, I agree, as I know the Minister of State, Deputy O'Sullivan does, that the Heritage Act, and particularly the definition the Senator referenced on what heritage is, should be reviewed to bring its provisions into line with contemporary views and to ensure the council and the wider sector can continue to thrive, which we all want to see. I assure the Senator that this is a priority for the Department and the Minister of State and it will begin this year with the establishment of that working group. The Senator referenced public consultation and research, both of which will be part of it as well. These are all items that will be teased out in that process.”
“The working group, which will include representation from the Heritage Council, will seek to identify and prioritise areas where any shortcomings in the Act create a practical hindrance to the work of the council and to consider whether opportunities exist to streamline and make more effective the work of the sector as a whole. The immediate task of the working group will be to define the scope of the Heritage Act review, at which point it will be possible to provide further detail on the process and timelines to be followed. I know this is an area on which the Senator will keep close attention.”
“The Heritage Council already plays an important role in both of these areas through its funding for local authority biodiversity officers, the National Biodiversity Data Centre and its ongoing work on museum standards, archives, oral histories and the national Traveller heritage plan, among other initiatives. A review of the Heritage Act is a new Government commitment and the Department is reorganising staff responsibilities to ensure it is appropriately resourced. Our intention is to establish a working group this year to commence the review.”
“The Act goes on to outline the particular role the council should play in promoting interest, appreciation, knowledge and pride in our national heritage and in co-operating with other public bodies and co-ordinating all activities related to its functions. Emphasis is placed on the role of the council in promoting appreciation and enjoyment of our heritage, a responsibility it discharges very effectively through excellent initiatives such as National Heritage Week and the community heritage grant scheme. In considering how things have changed since 1995, I acknowledge the particular and growing importance of biodiversity, natural heritage and cultural heritage, particularly that of immigrant communities and historically marginalised groups.”
“It specifies that the national heritage should be understood to include “monuments, archaeological objects, heritage objects, architectural heritage, flora, fauna, wildlife habitats, landscapes, seascapes, wrecks, geology, heritage gardens and parks and inland waterways.” The definition of heritage provided for in the Act focuses very much on physical objects - the Senator referenced this in his opening comments - and omits to mention less tangible aspects such as folklore, oral history and traditional skills and practices. In light of the important work both ongoing and yet to be undertaken in these areas, this is certainly a topic the proposed review will consider.”
“The Heritage Council provides a hugely valuable service to the public in raising awareness and understanding of our rich natural, built, archaeological and cultural heritage, in supporting community organisations and heritage professionals through grant and other funding, and in providing expert advice to the Government on a wide range of matters relating to heritage policy. Much has changed in the 30 years since the passing of the Heritage Act and the time is right now to review its provisions to ensure both the Heritage Council and the sector as a whole can continue to deliver for all sections of Irish society. The Act provides that the function of the Heritage Council shall be to propose policies and priorities "for the identification, protection, preservation and enhancement of [our] national heritage”.”
“I thank Senator Noonan for raising this matter, which I am taking on behalf of the Minister of State, Deputy O'Sullivan. I acknowledge the Senator's contribution to the sector during his time as Minister of State with responsibility for nature, heritage and electoral reform. The Department is of course aware of the important commitment in the programme for Government to undertake a review of the Heritage Act 1995, the primary purpose of which was to establish the Heritage Council.”
“I appreciate the comments the Deputy made. It is not just for residential purposes; it is for industrial and commercial. While we do not instruct local authorities on specific areas, it is obviously a requirement to forward planning teams to look at the overall picture within a local authority area and determine where they feel residential, commercial, industrial zoning is appropriate and ensure there is an appropriate quantum of all of those uses within their local authority area. We will write to local authorities in terms of their housing growth requirements. That does open the variation process. The forward planning units within local authorities have a responsibility to ensure that full spectrum of uses is contained in any development plan.”
“It is the requirement of local authorities and the reserved function of members to decide what locations and what specific zoning objectives they determine for each land bank. They are required to include mandatory objectives regarding regeneration and to provide zoning for residential, commercial, employment and enterprise, industrial and other uses to such extent as the proper planning and sustainable development of an area requires. The Minister and I will write to the local authorities in the context of their housing growth requirements and the variation process, but we do have to respect the reserved function of local authority members in setting their development plans where they feel it is appropriate for those given uses, be they very important industrial uses, residential, commercial or other uses as they see fit.”
“It is up to local authorities to decide the quantum and location of zoned land, for whatever purpose. In the context of the guidance I referred to earlier that the Department will issue regarding the housing growth requirements, it will be a requirement for every local authority to vary their development plans. It will be a matter for the members in terms of the quantum and the exact location.”
“The zoning of land is an exercise undertaken by planning authorities as part of their development plan process. The making of a development plan is a reserved function of the elected members of each planning authority who are required by legislation to be consistent with the established statutory national and regional planning policy and legislation, including, as identified in the national planning framework, regional spatial and economic strategies and ministerial planning guidelines. Development plans have to set out planning policies and objectives to provide for proper planning and sustainable development in their area over the six-year lifespan of the plan. We are moving to ten-year development plans. They must also include mandatory objectives for regeneration.”
“I thank both Deputies. Increasing housing supply in all parts of the country is critical. The variation process in terms of the county development plans is a very important part of this. That is why such extensive work has been done in the Department to ensure that the housing growth requirements are aligned with the NPF and that they also allow for additional headroom in terms of zoning requirements for local authorities. We want additional land to be brought forward for housing across the country. On Deputy Timmins's point, the Minister met the CEOs and directors of services for housing and planners very recently. I have met up to now about ten local authorities in my engagements around the country. We are discussing forward planning and delivery of housing units across all of the streams. We will continue to do so as a Government.”
“I can assure the Deputy that there will be headroom in the housing growth requirements. Obviously, there will be the base, in line with what is in the national planning framework, which is to provide about 54,000 homes per annum. This is a significant increase compared with the 33,000 previously. There is a requirement in the base for a significant additional zoning requirement. As we know that not every parcel of land is brought forward for development, there is a requirement for headroom in terms of that. The Minister and I have been very clear with our officials on this matter. Local authorities will have clearer understanding of what that will be very shortly.”
“The point made by the Deputy about local authorities being able to zone a sufficient amount of land in order to deliver much-needed homes for individuals and families is a key priority of the Minister and me. We have done an extensive amount of work on this issue with our planning officials. We want to get this right in order to ensure we have sufficient zoning of land to be able to provide houses for individuals and families in Wicklow and across the country.”
“I thank the Deputy for raising this matter, as he has done previously. As I do, the Deputy recognises the importance of translating what we have approved in this House in the national planning framework into getting it implemented by local authorities in their development plans as early as possible. That is why the Minister, Deputy Browne, has written to local authorities telling them to prepare and start work on their variation processes. We will be writing to local authorities very shortly about their housing growth requirements for the interim years, up until the next revision of their development plans. We are engaging with the Attorney General on this matter. We want to ensure that any of the housing growth requirements that we give to local authorities are legally robust and stand up to scrutiny.”
“I have no doubt that the Deputy will continue to use this Chamber to be a strong advocate for north Kildare and the county as a whole. The Deputy is right about the LPT; there is a recognition in the Government of the increased pressures on areas like Kildare. That is why we are saying as a Government, in line with the decisions that have been made by the Cabinet and the Minister, Deputy Donohoe, that we will allow for a higher retention rate in areas that have a growing population, additional housing and increased pressure to provide services for the people. That is why an additional €4.9 million in LPT will be available to Kildare County Council to put towards the capital infrastructure projects that are required for the growing population in County Kildare.”
“It is the case that, through a decision made in Cabinet today on the LPT model, there will be a significant increase in LPT for Kildare County Council as part of its 2026 figures. That will be made up from an increase in the baseline figures but also from the retention element moving from 22.5% to 31%. It means that Kildare County Council will have an additional €4.9 million in funding in LPT for 2026 over and above what was provided in 2025.”
“The central government grant funding to Kildare County Council increased by more than 60% from €168.3 million in 2018 to €271.9 million in 2023, according to its audited annual financial statements. Across all schemes and funding sources, the Department provided €164.9 million in 2020, €218.6 million in 2023 and €233.2 million in 2024. With regard to local property tax, LPT, which makes up approximately 6% of the sector's locally raised income, a review of baselines was completed by a working group in 2023, which resulted in an increase of €1.5 million to the baseline LPT for Kildare County Council. We have established a local democracy task force, which had its first meeting last week, where funding for local authorities is an important stream. I will give further detail on LPT allocations in my follow-up replies.”
“I thank Deputy Neville for raising this matter, as he regularly does in this Chamber . His advocacy for Kildare is certainly well noted. As he will be aware, I was in Kildare last Thursday, when I visited the local authority and engaged with the executive team. Much of what the Deputy has raised here in his question was the subject of the discussion we had. The system of funding of local government in Ireland is a complex one. Local authorities derive their income from a range of sources, including commercial rates, charges for goods and services provided, the local property tax, and grants from various Departments and State agencies for both capital and current expenditure purposes.”
“If engagement with the owner of those properties and availing of some of the other schemes does that, that is great; if it does not and we use the CPO or the Derelict Sites Act then so be it.”
“As I said, the Government has put in place a number of schemes to empower local authorities on the exact thing the Deputy just mentioned. There is a revolving fund through URDF call 3 for the compulsory purchase of properties. It is true that some local authorities are doing better than others. We want to mainstream best practice across all local authorities. There are also other schemes such as repair and lease, buy and renew and the vacant property refurbishment grant, which are all there to be able to activate those properties. Where they are not being activated, yes, the stick of the CPO and of the derelict sites register has to be applied by local authorities. I do not disagree with the Deputy on that. Of course, they are there to be used. What we all want is for those units to be brought back into productive use.”
“Where levies are levied, when the unit is ultimately disposed of, those moneys are collected by the local authority. There is an onus on local authorities to place properties on the register. The Deputy should not dismiss that. The approach involves using the carrot and the stick. What we all want in this Chamber is to see those units brought back into productive use.”
“The Deputy does not have to shout in order to make his points. We can all make valid points without shouting across the Chamber at one another. It is true to say that dereliction is a really important issue. It is not one that local authorities or Government are ignoring. The Deputy knows full well because we both sat on the Oireachtas Joint Committee on Housing, Local Government and Heritage all of the measures that are in place to assist those. They include the vacant property refurbishment grant, buy and renew, repair and lease and CPO. The Government provided local authorities with €150 million to allow them to CPO properties. We do need to see more local authorities activating such sites and they do have obligations in this respect.”
“I propose to circulate with the Official Report a tabular statement setting out the information requested regarding the 2023 returns.”
“However, the placing of sites on the register and the collecting of levies on those sites are part of the overall process that local authorities undertake with the owners of derelict sites they identify. Local authorities will engage directly with site owners to try to bring these sites back into productive use and out of dereliction before they are formally listed on the register. This direct engagement can often lead to those units being brought back into productive use, which is what we all want. Local authorities are required to submit an annual return to my Department providing information on the operation of the Derelict Sites Act in their functional areas. The derelict sites returns are collected in quarter 2 of the following year so my Department is still collating the 2024 returns and will publish them shortly.”