Dáil Éireann Debate, Wednesday - 1 December 2004
240 Mr. Morgan asked the Minister for the Environment, Heritage and Local Government the person who has competency to investigate a local authority in a case in which it is alleged to have breached both planning regulation and environmental laws; the person who can initiate an investigation in such circumstances; and if his Department has a role in such cases. [31668/04]
View answerSection 63 of the Environmental Protection Agency Act 1992, as substituted by section 13 of the Protection of the Environment Act 2003, enables the Environmental Protection Agency to exercise a supervisory role in respect of the performance by local authorities of their environmental functions. The agency may require information from, issue directions to and, if necessary, prosecute local authorities where it considers it appropriate to exercise these powers.
As regards planning matters, section 178 of the Planning and Development Act 2000 provides that a county, city or town council shall not effect any development in its functional area, which materially contravenes its development plan. Such a contravention is reserved to the elected members of the planning authority.
Section 255 of the Planning and Development Act 2000 sets out a range of powers of the Minister for the Environment, Heritage and Local Government in respect of overseeing the operation by planning authorities of their planning functions. In conjunction with Part 20 of the Local Government Act 2001, this provides a statutory basis for general oversight by my Department of the local government planning system. These powers of oversight must also, however, be exercised in a manner consistent with the general restriction on the Minister for Environment, Heritage and Local Government under planning law from influencing determinations in individual cases.
Any irregularity regarding financial matters, including those relating to environmental or planning matters, would, of course, fall to be considered by the local government audit service and any allegation of criminal activity would be open to investigation by the Garda Síochána. Access to the Ombudsman and the courts is also available in appropriate cases.
