Dáil Éireann Debate, Tuesday - 3 July 2018
536. Deputy Pat Buckley asked the Minister for Housing, Planning and Local Government the rationale for only choosing one planner to sit on the board which decided on an application (details supplied) for an incinerator at Ringaskiddy. [29433/18]
View answer537. Deputy Pat Buckley asked the Minister for Housing, Planning and Local Government if his attention has been drawn to concerns about a conflict of interest for board members who decided on an application (details supplied) due to their links to a group which has been an advocate for incineration projects here. [29434/18]
View answerI propose to take Questions Nos. 536 and 537 together.
The appointment process for ordinary Board members of An Bord Pleanála is set out under section 106 of the Planning and Development Act 2000 (as amended) and the associated Regulations. This provides that appointments to the Board by the Minister are generally made from candidates nominated by panels of prescribed bodies which are representative of a broad range of societal interests. It is a matter for the Chairperson of the Board to arrange the distribution of the business of the Board among its members and I have no function in this matter.
An Bord Pleanála operates under a Code of Conduct as required by section 150 of the Act of 2000, one of the purposes of which is to ensure that any potential conflicts of interest relating to its statutory functions are dealt with in an appropriate manner. This Code is available for viewing on the Board's website at the following link: http://www.pleanala.ie/about/conduct.htm.
Section 13 of the Code outlines the procedures for dealing with conflicts of interest in the context of Board meetings, where appeals and other planning cases are determined. Section 15.2 of the Code specifically requires that a Board member shall not deal with any case in any capacity on behalf of the Board where the member had any involvement at any time in the matter, either on a personal basis or on behalf of a previous employer or as a member of any other organisation or voluntary body.
Furthermore, section 15.4 requires that a Board member shall not knowingly deal with a file relating to a planning authority or a private practice where he or she was previously employed during the previous 2-year period or any voluntary or professional organisation of which the person is or was a member during the previous 2-year period.
Under section 30 of the Act of 2000, as Minister, I am precluded from exercising any power or control in relation to any particular case with which a planning authority or An Bord Pleanála is or may be concerned. Therefore, I cannot make any comment in relation to individual planning applications.
