Fine Gael last night accused the Minister for Justice of setting himself up as "judge and jury" in relation to the planning and building of new prisons in the State.
Under the Prisons Bill 2006 published last week, the building of new prisons or developments on the sites of old prisons are excluded from any independent oversight by An Bord Pleanála.
Instead the new legislation establishes a public consultation system for the construction of new prisons with a rapporteur to be appointed to take submissions from members of the public and interested parties. The rapporteur prepares a report for the minister for justice, who may amend plans on the basis of the submissions.
Plans for each new prison facility would then be put before the Oireachtas and if approved would be confirmed by an Act of the Oireachtas before development begins.
The lack of public consultation about the construction of the new prison in Thornton Hall, north Co Dublin, was criticised by local residents.
Last night Fine Gael justice spokesman Jim O'Keeffe said the Minister was trying to exclude any independent oversight by Bord Pleanála of decisions in relation to new prison developments.
"He has offered no explanation as to why he should be treated differently to other ministers with major infrastructure projects" he said.