Belfast News: Power Grab Bill Toxic

The NI Environment Minister Mark Durkan has decided to pull the Planning Bill. The move follows amendments passed which the former Environment Minister Alex Attwood saw simply as a power grab.



The bill, if it had been passed would have limited the grounds on which objectors could have secured a judicial review of a planning decision.



Mr. Durkan indicated to the Assembly today, that the amendments made to the bill were of great concern to many members of the Assembly, however were voted through and became part of the Bill. The Minister went on to state he have 3 main areas of concern 1) Legal 2) Procedural and 3) Evidential.



Mr. Durkan, reviewed his concerns with the Assembly regarding clause 15 of the Bill which would limit the right of judicial review and shared with the Assembly extracts of legal advice obtained indicating the bill could not be considered as compliant with article 6 of the European Convention on Human Rights. The Minister stated, that as such the bill failed the legislative competence requirement of section 6 of the Northern Ireland Act.



Continuing, he outlined his procedural concerns, indicating that the amendments were never subject to the full rigors of public consultation and failed the threshold of proper consultation.



Later, the Minister rejected a claim from a DUP Member, that by failing to consult the Executive on his decision he has broken the ministerial code.



Whilst DUP and SF opposed the Minster’s decision, Alliance MLA Anna Lo congratulated him for his 'courage' and the UUP Leader welcomed his statement, labelling the power grab by OFMDFM so arrogant as to be illegal and encouraged him to resist pressure to change his position.



Editorial



Congratulations to the Minister! It may well be true to say that of those who have today supported your move to withdraw this bill, many may well have voted for those who
proposed these amendments but they should worry, for when it comes to the issues they are found wanting. The Question is are they capable of change or is the NI Assembly doomed



NI Assembly Debate Footage.