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Emergency planning powers
The use of emergency planning powers
The Government is to use emergency planning powers in order to house refugees fleeing conflict in Ukraine. eolas analyses how and when these powers are and are not utilised.
In March 2022, as millions of people began to leave Ukraine to escape the Russian invasion, Minister for Housing, Local Government and Heritage Darragh O’Brien TD wrote to local authority chief executives to inform them that provisions in the Planning and Development Act 2000 mean that certain developments can be initiated without a planning application under emergency conditions. These developments are being mooted as an answer to accommodating the up to 100,000 refugees expected to come to Ireland.
The provision to which O’Brien was referring to is Part XI, section 179 (6)(b) of the 2000 Act, which deals with developments by local and state authorities. The section states that the rules and guidelines for planning listed “shall not apply to proposed development which is necessary for dealing urgently with any situation the manager considers is an emergency situation calling for immediate action”.
The indeterminate language within the Act, which does not specify what constitutes an emergency and instead allows managers of these developments to determine for themselves, means that the powers can be used across a broad range of planning. As O’Brien’s letter to local authorities highlights, emergency planning powers were previously used in response to the Covid-19 pandemic, facilitating the construction of temporary hospitals, step-down facilities, healthcare facilities, vaccination and testing facilities, ancillary infrastructure, and other related works.
“It is likely that these powers may have to be availed of again to address the accommodation and other requirements associated with managing the needs of those fleeing the conflict in Ukraine,” O’Brien wrote in his letter.
At the time of O’Brien writing the letter, 600 people had already arrived in Ireland from war-torn Ukraine, and the number of refugees Ireland is expected to take on is at least 20,000 refugees. Individual people and families have already volunteered to accommodate refugees, but the Government’s invocation of emergency powers will see it make use of the myriad of vacant properties and hotels in Ireland.
Speaking on RTÉ Radio One, Minister of State for Enterprise, Trade and Employment Damien English TD said: “We will be looking at vacant properties, we will be looking at hotels and other forms accommodation, temporary accommodation, and more structured accommodation. We will be able to use emergency powers, if need be, under planning laws and supports coming through Europe as well to respond to this.”
“I think it is right that Europe has opened its doors. Anybody I speak to from around the country would say this is an important response first of all, building on the sanctions, building on the support.”
While nobody would deny that both Covid and the refugees fleeing Ukraine represent separate emergencies, the invocation of the powers has caused controversy in Ireland, primarily over the idea of what does or does not constitute an emergency. In 2019, official homelessness figures in Ireland reached over 10,000, a figure of previously unthought of proportions,
for the first time ever; given that these official figures only record the numbers of homeless people who access official government services, the likelihood is that the true number had been above 10,000 for some time before that.
A Dáil response provided by then-Minister for Housing, Planning and Local Government Eoghan Murphy TD to Richard Boyd-Barrett TD in July 2019 pointed to estimates by GeoDirectory (a combination of An Post and Ordinance Survey Ireland) that there were 95,076 vacant address points or units in Ireland as of December 2018.
The most recent GeoDirectory Residential Buildings Report (Q4 2021) estimates there to be 90,158 vacant dwellings in Ireland and an additional 22,096 derelict residential units. Following a reduction of homelessness numbers during the Covid-19 pandemic beneath 9,000, the total number of homeless people accessing emergency accommodation in the State exceeded 9,000 again in November 2021 for the first time since April 2020, totalling 9,099.
If the number of refugees arriving from Ukraine was to hit the halfway point of the estimates of between 20,000 and 100,000 – an unlikely situation – this would leave 69,099 people requiring urgent access to accommodation. With the addition of the estimated 7,000 people living in direct provision, this equates to 76,099 people. Data released by the Dublin Regional Homeless Executive showed there to have been 115 homeless people who died in Dublin in 2021, more than double that of 2019; when such figures are placed beside the vacant dwelling figures and the promises of the invocation of special powers for one group experiencing crisis but not another, they are certain to leave bitter tastes in mouths nationwide, to no fault of the refugees availing of the accommodation rightfully offered to them.
Similarly, with emergency powers appropriately invoked to deal with the pandemic, citizens would be forgiven for asking why they had been so long in coming in healthcare. Figures released before the pandemic, in November 2019, showed the State exhibited hospital waiting lists eight times worse than England relative to population in terms of patients waiting less than a year, and 100 times worse for those waiting over a year; these figures were recorded after a fall in total numbers due to spending of €75 million by the National Treatment Purchase Fund, purchasing private treatments for those on waiting lists.
Waiting lists then had over 600,000 patients; over 900,000 were reported to be waiting in September 2021. It is conceivable that this too constitutes an emergency that requires the opening of temporary hospitals.
Cathaoirleach of Seanad Éireann Mark Daly alongside Senator David Norris, and former President Mary Robinson at event to mark the centenary of the Seanad.
As Seanad Éireann prepares to mark its centenary in late 2022, Cathaoirleach of the upper house of the Oireachtas, Senator Mark Daly, discusses the importance of its function in providing a platform for minority voices and progress on reform.
Daly, the second youngest individual to hold the office of Cathaoirleach and the first Kerry native to do so, admits that what would have ordinarily been a steep learning curve was exacerbated by the pandemic.
Elected as the 24th Cathaoirleach on 29 June 2020, Daly’s time in office has been uniquely framed by the country’s Covid-19 response, a scenario in which he could not rely on the guidance of his predecessors. However, his work to date, not least on implementing reform and renewal, as well as planning the chamber’s centenary celebrations, have been well informed by his long-term association with the Seanad, to which he was first elected in 2007.
Interestingly, instead of lamenting the pandemic’s impact on his office, Daly embraced the experience as an opportunity for detailed analysis of the backlog of reports on Seanad reform and renewal. Published over several decades, the most recent was the report and draft Bill from the Government-established Seanad Reform Implementation Group (SRIG) in December 2018.
Daly explains that with the support of all leaders and groups in the Seanad, his office has set about implementing the
Cathaoirleach Mark Daly
relevant reforms recommended by these reports which are within its power. For instance, for the first time ever, the Seanad must now review the recommendations of parliamentary reports six months after they have been published and hold the relevant minister and chair of committee to account on those actions which have not been progressed.
Another part of recent Seanad renewal is increased engagement with the public and Seanad nominating bodies such as charities, trade unions, farmers organisation, businesses, and cultural and education sectors on issues of concern to them, which are now being addressed in the Seanad Panel Forums.
The first high-profile forum focused on the topic of ending the practice of nondisclosure agreements by universities which silence victims and protect the guilty allowing the abuse to continue, with the Government now committed to bringing in legislation to address the problem.
Additionally, the Cathaoirleach has acted on the 2015 Seanad reform report by Maurice Manning which noted that Ireland’s MEPs find themselves without a formal connection to the political structures. As such, on a constituency basis, MEPs are invited to debate and engage with senators on European developments through an audience in the House.
However, as Daly explains, not all necessary reforms are in the gift of the Seanad, namely reform of the electoral system. “To the best of my knowledge, the seventh amendment to the Constitution is the only referendum put to the people and passed by the people which has not been enacted by successive governments,” explains Daly, who believes that the centenary would be a timely moment for government to support legislation giving effect to the amendment which passed referendum over 40 years ago and which would increase the right to vote in a reformed Seanad election from 150,000 voters to potentially millions of citizens.
Additionally, the Cathaoirleach is lobbying for change around the role the Seanad could play in the scrutiny of EU legislation. A constant theme of successive reform reports, Daly explains that he would like to see a shift from the current practice of ministers having total authority to transpose EU Directives through statutory instruments. “In essence what that means is that ministers and their departments add to EU legislation and signing it into Irish law, without consulting TDs, senators, and parliamentary committees, thereby bypassing the democratic process.
“These EU Laws should be subject to scrutiny by the Seanad and Oireachtas in a renewed process,” he adds.
Centenary
In February 2022, the Cathaoirleach launched Seanad100: Minority Voices, Major Changes, a programme of events to commemorate and celebrate the centenary of Seanad Éireann. 4
Daly believes that the centenary represents an ideal platform to mark and raise awareness of the Seanad’s purpose. “Going back into the history books, our purpose was to represent the unionist, protestant, and loyalist community which found itself on the southern side of the border after partition, to make sure that as a minority, it had a voice and a platform in the new state. Over time, it has evolved to give different minorities and communities a forum for their views,” he says.
“Established during the civil war, the Senate played a role in establishing and consolidating the democratic institution of the State. It has been stated that the first Senate was the most diverse bunch of politicians Ireland has ever had and over time it has continued to facilitate calls for change which societies and governments were not yet ready or willing to make.”
The origins of the Seanad framed the centenary programme, explains Daily. “When you look at what was happening here in the south, where minority communities were being given a disproportionate representation in our new State, compared to what was happening in the North, it shows that the founders of the new state were looking to do things differently.”
The Cathaoirleach emphasises that while the intentions of the original Senate – “to frustrate the government” – have moved on, the upper house continues to represent marginal and minority voices. For this reason, the programme was opened by former President of Ireland Mary Robinson and Senator David Norris, the longest continuously serving seanadóir. “President Mary Robinson and Senator David Norris are two of the most distinguished members of the Seanad over the last 100 years. Together they have more than 50 years of unbroken service that embodies the Minority Voices, Major Changes Programme. Their contributions during their time as seanadóirí made a lasting impact on the history and daily life of the nation and the State.”
The programme is set to include an exhibition, lectures, a TV documentary, themed tours of Leinster House, Culture Night events and student debates to highlight the contribution the Seanad has made since 1922, ahead of a 100th Anniversary Ceremonial Sitting in December 2022.
Reflecting on how the Seanad can remain relevant for the next 100 years, Daly asserts that continued evolution is key, again pointing to the importance of implementation of the seventh amendment to the Constitution. “It has to address the issue of having broader franchise but at the same time striking a balance so that it continues to represent minority views and voices,” he states.
“What electoral reform looks like is a decision for the government, but the Seanad must continue to be the chamber which challenges the status quo. In a world where democracy is under threat, we have got to make sure that we preserve, protect, and ensure relevance for our democratic institutions.”
TRADE UNION DESK
Although successive Irish governments have repeatedly signed up to and supported a Just Transition, there has been a failure to date to reflect this commitment in policy and in the official response across affected communities, writes the Irish Congress of Trade Unions’ Macdara Doyle.
Ireland signed the 2015 Paris Agreement – which spoke of ‘the imperative of a Just Transition’ – and more recently we attached our name to the Just Transition Pledge that emerged from COP26.
As a member of the International Labour Organisation (ILO) since 1923, Ireland is also party to the crucial guidelines drawn up by that body on the implementation of a just transition.
As a global, tripartite body comprised of trade unions, employers and national governments, guidelines that emerge from the ILO tend to reflect a significant degree of international consensus. The United Nations has called for all countries to embrace the ILO guidelines “as the minimum standard to ensure progress and decent work for all”.
This global framework embodies a number of key components, with respect to the transition process, social dialogue, the creation of decent work, access to appropriate skills training, timely and proactive interventions in regions or industries, enhanced social protection for worker, and communities impacted by the low carbon transition.
The newly formed Just Transition Alliance is now seeking to ensure that official commitments match policy and practice, in communities across the country. Founding members of the Alliance include; Irish Congress of Trade Unions, SIPTU, Fórsa, Friends of the Earth, Stop Climate Chaos, and TASC.
We need a just transition to protect and create jobs, reduce emissions, enhance living standards, safeguard and restore biodiversity, and generate new opportunities to help build sustainable, resilient communities across the country.
Job losses and lower living standards are not the automatic outcome of the zerocarbon transition. Rather, they result from bad planning and poor policy. The fastest, fairest, and most effective transition is one that is inclusive, protects workers and communities and delivers new opportunities for all.
The concept of just transition emerged from within the global trade union movement and provides the most comprehensive framework to deliver the carbon transition. According to the International Trade Union Confederation (ITUC):
“A just transition secures the future and livelihoods of workers and their communities in the transition to a zerocarbon economy. It is based on social dialogue between workers and their unions, employers, government, and communities. A plan for just transition provides and guarantees better and decent jobs, social protection, more training opportunities, and greater job security for all workers affected by global warming and climate change policies.”
To date, the experience of the low carbon transition process in Ireland has been overwhelmingly negative.
While extraordinary sacrifices have been demanded of peat workers and Midlands communities, this has not been matched by the required supports from government or state agencies, in a manner consistent with just transition. This contrasts sharply with far more positive experience of transition for workers and communities in Spain, German, and Australia, for example.
Unless this is addressed the transition process risks becoming synonymous with job loss and lower living standards and will lead to an erosion of worker confidence and public support. To do so, policymakers must adopt the language and the substance of just transition.
The first step is to establish a National Just Transition Commission, based on social dialogue and comprised of representatives of government, trade unions, employers, affected communities and civil society. The Commission would be tasked with developing the national framework for just transition covering the entire economy, in line with the ILO guidelines.
While the Climate Action Plan commits to creating a commission, the schedule set out in the CAP means it would not happen until late 2023.
Ireland is already a just transition laggard and further delay will do irreparable damage to the process here. Scotland established a social dialogue-based Just Transition Commission in 2019. It delivered its blueprint in 2021 and Scotland now has a Minister for Just Transition, Employment and Fair Work charged with overseeing that plan. We’re still waiting.
