Dáil Éireann Debate, Tuesday - 24 June 2014
355. Deputy Gerry Adams asked the Minister for the Environment, Community and Local Government his plans for a commission of investigation or public inquiry regarding planning corruption allegations received by his Department. [26659/14]
View answer357. Deputy Gerry Adams asked the Minister for the Environment, Community and Local Government the reason he did not use the successful bidders for the independent review contract that were to have been appointed, as identified in January 2011. [26666/14]
View answer358. Deputy Gerry Adams asked the Minister for the Environment, Community and Local Government the contents of the sectoral policy division briefing he received with respect to the dossier of allegations of planning irregularities; the results of the internal review conducted by Department officials at that time; and the independent review process he initiated as a result. [26668/14]
View answer359. Deputy Gerry Adams asked the Minister for the Environment, Community and Local Government if the 12 actions identified in the original report furnished to him have been carried out. [26669/14]
View answer360. Deputy Gerry Adams asked the Minister for the Environment, Community and Local Government if the independent assessment he has commissioned will consider and investigate instances of alleged conflict of interest on the part of local authority officials or others. [26670/14]
View answer361. Deputy Gerry Adams asked the Minister for the Environment, Community and Local Government if the consultants appointed have contacted a person (details supplied). [26671/14]
View answer363. Deputy Gerry Adams asked the Minister for the Environment, Community and Local Government the steps he will take to correct the public record regarding the whistleblower (details supplied). [26673/14]
View answerI propose to take Questions Nos. 355, 357 to 361, inclusive, and 363 together.
In June 2010, the former Minister for the Environment, Heritage and Local Government announced the initiation of a planning review, the purpose of which the was to assess the application of planning legislation, policy and guidance within the development plan and development management systems with the aim of identifying measures to ensure consistency of approach and improve delivery. The announcement of the review followed consideration of various sample complaints and concerns referred to the Minister by a number of stakeholder groups and individuals. While it was originally contemplated that this review might be undertaken by consultants, it was subsequently decided that the review should be prepared internally by my Department in light of increasingly constrained Exchequer resources.
The Planning Review Report to review the performance of the planning functions in certain selected planning authorities was published on 12 June 2012. The Report recommended 12 actions which entail legislative change and consolidation, revised guidelines and improved management systems in planning authorities. I subsequently committed to have the Report assessed by an independent planning expert and, on 8 March 2013, I published the “Independent Evaluation of the Planning Review Report June 2012” prepared by Mr. Hendrik van der Kamp. The report by Mr. Hendrik van der Kamp led to some modifications to the original 12 recommended actions. Those actions requiring statutory underpinning are being considered in the context of forthcoming planning legislation. Others actions have been reflected in the initiation of the review of development management guidelines and the finalisation of local area plans guidelines for planning authorities and related best practice guidance.
I will further consider the recommendations of both these reports in light of the forthcoming independent planning review being undertaken by MacCabe Durney Barnes Consultants on the performance of planning functions in six of the previously selected planning authorities (Carlow, Cork, Galway and Meath County Councils, and Cork and Dublin City Councils). This review is being undertaken in order to ensure maximum transparency and integrity for the planning system generally and is progressing in accordance with section 255 of the Planning and Development Act 2000. The review is focused on procedures and practices rather than individual planning decisions.
The review of the performance of the planning functions of the seventh planning authority which was part of the original 2012 planning review (Donegal County Council) is not included in the scope of this current independent planning review and accordingly the consultants involved will not be contacting the Donegal complainant. In this regard, on 14 June 2013, the High Court made an Order quashing that part of the original Planning Review Report relating to Donegal following a settlement between my Department and the party concerned who had brought judicial review proceedings in respect of that part of the Report. The matter has now been disposed of to the satisfaction of both sides.
In light of these proceedings, my Department subsequently sought the advice of the Attorney General on how best to proceed in the case of Donegal. My Department is continuing to engage with the Attorney General’s Office on the matter and the course to be pursued in this case. It is expected that further legal advice will be provided in the near future, thus informing the next steps to be taken in relation to Donegal.
