I received the Report into the management of conflicts of interest and relevant disclosures by the Deputy Chairperson of An Bord Pleanála in relation to certain Decisions of that Board from Mr. Remy Farrell on the 27th of July 2022. On the 15 August 2022, on the advice of the Attorney General, I referred the report to the Director of Public Prosecutions (DPP), An Garda Síochana (AGS) and the Standards in Public Office (SIPO). It is now a matter for the Director of Public Prosecutions as to whether a criminal prosecution should be undertaken arising from the findings of the report.
I am awaiting the conclusion of a separate internal report from a Senior Management Team within An Bord Pleanála which was requested by Mr. Dave Walsh, Chairperson of An Bord Pleanála. I understand the Chairperson has assigned an internal team of senior management personnel to examine a number of decided cases where public commentary has raised issues and concerns around the procedures and processes applied in those cases.
On 24th of August 2022 the Office of the Planning Regulator (OPR) initiated a review of certain systems and procedures used by An Bord Pleanála in the delivery of its statutory planning functions. This review will be carried out by independent planning experts from other jurisdictions and Conleth Bradley S.C. This review will help inform other internal changes as required and will also assist in identifying legislative amendments which may be required.
An Bord Pleanála have confirmed that the status of decisions which have already been made by the Board remains unchanged. Sections 50, 50A and 50B of the Planning and Development Act 2000, as amended, codify the statutory right of judicial review of any decision of An Bord Pleanála.
The public must have trust in the impartiality and integrity of our planning system if it is to function effectively. In addition to the aforementioned reports, a number of measures are being examined including ensuring adequate staff resources for the Board and the introduction of a new appointments process for Board members underpinned by new legislation. These measures are on top of steps already taken or underway as a matter of urgency namely:
- a comprehensive review of the code of conduct of ABP being undertaken by the Board;
- the complete cessation of two person decision making panels;
- an internal review to determine whether any revision of processes pertaining to the allocation of files, decision procedures and amendments to inspector’s reports is appropriate (which will be further supplemented by the OPR Review);
- the overhaul of internal compliance procedures on ethical requirements;
- the appointment of a senior legal advisor to the board subject to approval from the Department of Public Expenditure and Reform; and
- a requirement for monthly reports from the Board to the Minister on corporate governance implementation under Section 109 of the Planning Act,
Maintaining trust and confidence in our planning system is of the utmost importance and the series of measures which I have outlined, and which will evolve, will ensure fundamental change for the benefit of our entire planning system while maintaining its full on-going operation.
