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Electricity Consents (Planning) (Northern Ireland) Order 2006

I do not want to spoil the happy atmosphere that has surrounded the order up to this point, but I have a couple of queries, or two queries and one observation. The first query is hugely important. The Minister assured us that all the normal environmental safeguards will remain intact. That is a hugely important matter, because the forms of energy that he is talking about, such as wind farms, are highly controversial in Northern Ireland. In some of the other proposals, I think that I caught a reference to tidal matters. If, as a result, a barrage is to be built across Strangford Lough to generate electricity, that will be probably the most controversial planning application in the last generation or two. These are potentially matters of great controversy. The Minister says that the order will streamline the procedures and that, instead of applications to two departments, there will be an application to one department and the consent would be given by one department. That gives me great concern, and it is likely to give great concern generally. Is the consent now to be given by DETI, rather than by the Department of the Environment? The Government are bound to say that the normal environmental safeguards will be followed, in that the normal consideration will be undertaken within the Department of the Environment, but who takes the decision at the end of the day? Will people in the Department of the Environment take decisions on environmental matters or will those decisions now be in the hands of DETI. The question of which department makes the decision potentially opens up a tremendous problem. If the final say goes to DETI on matters that are highly controversial in environmental terms, even when the procedures for the environment are followed through, there could be a significant lowering of environmental protection and of the extent to which the public can have their voice heard. That is the huge question. I have a minor question, as well. In paragraph 1B under Article 2 of the order, a quite normal reference is made to notice to be given and, "““published in at least two newspapers circulating among persons likely to be affected””." That requirement of publication is quite normal and is there in a host of legislation. But I understand that the practice is creeping in of putting those notices in what are called community papers, rather than in formal newspapers that circulate in a normal way and which you can buy in a newsagent’s. That gives rise to concern, because in Northern Ireland the term ““community”” covers a multitude of sins, and to develop the practice of putting advertisements into those so-called community newspapers may defeat the object of the legislation, which is to let the whole public know—and some of those newspapers are not available to the whole public. The Explanatory Memorandum says that the new procedures have been introduced to streamline inquiries and to enable a multiplicity of inspectors to consider different lines or aspects of the inquiries simultaneously. The relevant paragraph ends by saying that the streamlining provision cannot be used if the Planning Appeals Commission carries out the inquiry on DETI’s behalf. That underlines the problem that the commission creates in planning matters through excessive delay and the slowness of its procedures. If, however, as a result of the legislation, the commission does not feature in inquiries, we need to know an awful lot more about who will be appointed as inspectors. It is all very well for the Minister to say that this brings us into line with the position in England. In England there is the Planning Inspectorate, which is formally established. The people who man it are known and their quality is known, but we do not have an equivalent in Northern Ireland. We have a Planning Appeals Commission, but if it is not to be used, who will the inspectors be? We do not have an existing inspectorate to draw on. We need to know answers to this before we can assess whether the legislation will respect the existing environmental safeguards and safeguards for public consultation in these procedures. I understand the desire to enhance electricity supply and explore other forms of generation. That is perfectly understandable and, in general terms, I would welcome such proposals, but I am concerned about the points that I have raised. I hope that the Minister can allay my concerns.