I move:
That Dáil Éireann resolves that the terms of reference contained in the Resolution passed by Dáil Éireann on 7 October, 1997 and by Seanad Éireann on 8 October, 1997, as amended by the Resolutions passed by Dáil Éireann on 1 July, 1998 and by Seanad Éireann on 2 July, 1998 pursuant to the Tribunals of Inquiry (Evidence) Acts, 1921 to 1998 be amended as follows:
"1.By the deletion in each case where they occur of the words ‘the Sole Member of'.
2.By the addition of the following paragraphs after the paragraph G:
‘H. The Tribunal shall, subject to paragraphs I and L, consist of, from a date to be specified by instrument made pursuant to the Tribunals of Inquiry (Evidence) Acts, 1921 to 1998 by the Minister for the Environment and Local Government, not more than three full members one of whom shall be the Honourable Mr. Justice Feargus M. Flood, who shall also be the Chairperson of the Tribunal.
I. The Minister for the Environment and Local Government shall also appoint a fourth person as a reserve member of the Tribunal to hear evidence with a view to such person being appointed a full member of the Tribunal in the event that any member of the Tribunal is, for any reason, unable to continue to act; in such circumstances, the Minister for the Environment and Local Government shall, by instrument made pursuant to the Tribunals of Inquiry (Evidence) Acts, 1921 to 1998 appoint such fourth person a full member of the Tribunal and such person shall be deemed to have been a full member of the Tribunal from the date the three member Tribunal was appointed, which date shall be specified in any such instrument made pursuant to the Tribunals of Inquiry (Evidence) Acts, 1921 to 1998 by the Minister for the Environment and Local Government.
J. A person appointed as a reserve member of the Tribunal shall attend Inquiry hearings but not contribute to any of the Tribunal's private deliberations. The reserve member shall sit in the hearing chamber and observe all proceedings; will review all written evidence; will attend Tribunal discussions as an observer; but will not contribute to the Tribunal's decisions or seek to influence these in any way. The reserve member will accordingly be fully versed in all evidence before the Tribunal, should future events make it necessary for the reserve member to be appointed as a full member of the Tribunal.
K. In the event that the Chairperson, for any reason, is unable to continue to act, the Minister for the Environment and Local Government shall, by instrument made pursuant to the Tribunals of Inquiry (Evidence) Acts, 1921 to 1998, designate a member of the Tribunal as Chairperson.
L. In the event that it is necessary for the reserve member to be appointed a full member of the Tribunal, and subsequently one or two members are for any reason unable to continue to act, or if for any reason the reserve member is unable to act, the Tribunal may continue to act as a two member or sole member Tribunal as the case may be.
M. Any matter to be determined by the Tribunal shall be determined by a majority of the members and, in the case of an equal division, the Chairperson shall determine the matter, save for the issue of costs which shall be dealt with in accordance with the provisions of the Tribunals of Inquiry (Evidence) Act, 1921 and section 6 of the Tribunals of Inquiry (Evidence) (Amendment) Act, 1979, as amended by section 3 of the Tribunals of Inquiry (Evidence) (Amendment) Act, 1997.'."
Pursuant to resolutions in both Houses of the Oireachtas in October 1997, a tribunal of inquiry with Mr. Justice Feargus M. Flood as its sole member, was set up to inquire into certain planning matters. The sole member reported to the Clerk of the Dáil on 26 February 1998 and sought the terms of reference be changed to allow the tribunal to investigate matters which occurred prior to 20 June 1985. The terms of reference were expanded by resolution of both Houses in June 1998 to allow for this amendment. The terms of reference were also amended at the same time to extend the remit of the tribunal to inquire into all substantial payments made or benefits provided, directly or indirectly for whatever purpose or with whatever motive, to Mr. Raphael Burke. The motion further amends the terms of reference of the tribunal by increasing the membership of the tribunal. The scope of the tribunal is not being altered, but it will become a three member tribunal.
Mr. Justice Feargus Flood wrote to the Clerk of the Dail on 13 June 2001 outlining the progress of the tribunal to date. He indicated his intention to submit final reports to the Oireachtas, not later than September of this year, in respect of the payment of money to Mr. Raphael Burke by Mr. James Gogarty, the decisions taken by Mr. Raphael Burke in connection with Century Communications Limited, the payments made to Mr. Raphael Burke by or on behalf of Mr. Thomas Brennan and Mr. Joseph McGowan and-or companies with which they were associated.
He also indicated that he will not commence taking further evidence until he has first rendered his reports to the Oireachtas. Mr. Justice Flood has indicated that investigations into rezoning decisions are currently being made. However, he has stated that there are, in addition, other substantive issues which appear to merit public inquiry. These inquiries will, in some instances, be greater in scale and more complex than the inquiries already concluded by the tribunal.
Having regard to the multiplicity of the issues involved in these inquiries, and the anticipated workload, Mr. Justice Flood requested in accordance with the provisions of the Tribunals of Inquiry (Evidence) (Amendment) (No. 2) Act, 1998, that the terms of reference be amended by providing for the nomination of two further persons to be members of the tribunal to the intent that the tribunal would cease to be a tribunal comprising a sole member and would become a three member tribunal under his chairmanship and further by the nomination of a further person to sit with the tribunal to hear evidence with the view to such person being available to become a member of the tribunal in the event that any existing member of the tribunal, for any reason, is unable to continue to act.
The Government is wholly committed to providing the tribunal with the resources it requires to carry out effectively the work set out in its terms of reference. The formal request by the tribunal has been the subject of extensive consultation between the tribunal and the Attorney General on behalf of the Minister for the Environment and Local Government, in accordance with the provisions of the Tribunals of Inquiry (Evidence) (Amendment) (No. 2) Act, 1998. The outcome of these discussions is set out in the resolution today. The tribunal has given its consent to the proposed amendment of the terms of reference in accordance with the Act and the formal consent has been laid before the House.
The tribunal will, therefore, become a three member tribunal. During these discussions with the tribunal and the Attorney General, it was agreed that the fourth person sought by the sole member, who would sit with the tribunal to hear evidence, would be appointed as a reserve member. The Minister for the Environment and Local Government will appoint, by instrument, such person as a full member of the tribunal in the event that any member of the tribunal is for, for any reason, unable to continue to act. The reserve member will sit in the hearing chamber and observe all proceedings, will review all written evidence and will attend tribunal discussions as an observer but will not contribute to the tribunal's decision or seek to influence these in any way. The reserve member will, accordingly, be fully versed in all evidence before the tribunal should future events make it necessary for the reserve member to be appointed a full member of the tribunal.
The amended terms of reference also deal with a number of procedural or consequential issues. In the event that the chairperson, for any reason, is unable to act, the Minister can by instrument, designate another member of the tribunal as chairperson. If it is necessary for the reserve member to be appointed a full member of the tribunal, and subsequently one or two members are for any reason unable to continue to act, or if for any reason the former reserve member is unable to act, it is provided that the tribunal may continue to act as a two member or sole member tribunal as the case may be.
Although it is not anticipated that any of these situations will arise, the new provisions are being included because of the importance of the work being undertaken by the tribunal and our common wish that this work be completed and its outcome published. It will also ensure that the investment made in the tribunal in terms of the efforts of the tribunal, time and money, has a result.
The Attorney General is consulting the tribunal with regard to the appointment of the two full members and the reserve member and the party leaders will be kept informed of developments.
As I said earlier, Mr. Justice Flood will not commence the taking of further evidence until he has first submitted his final reports on the matters previously stated to the Oireachtas in September. It is intended that once these reports have been submitted, the Minister will make the instrument in accordance with the Act, setting up the three member tribunal with one reserve member. The instrument will name the new members. The instrument is not being made immediately to avoid any confusion between the work of the sole member and that of the three member tribunal.
On behalf of the Government, I formally state our appreciation of the work being carried out by Mr. Justice Flood and his legal team at the tribunal, and I am sure I speak on all our behalf when I say I look forward to receiving his final reports on the matters currently being investigated by the tribunal.
My colleague, the Minister for the Environment and Local Government, has a concern which I share in relation to the integrity of the planning system. The passing of the Planning and Development Act, 2000, concluded a comprehensive review of the planning system which was initiated by the Minister. While the public set high standards for the operation of the planning system, they demand even higher standards for those working in the system. The 2000 Act provides that over the coming year each planning authority must bring forward a code of conduct, setting the standards for the way we do business and reinforcing public confidence in the integrity of the system. These codes will also serve to provide clarity and certainty to everyone working in planning authorities by providing clear and unambiguous directions on what is and is not acceptable.
In addition, the provisions of the Local Government Bill relating to ethics, which was passed in the Dáil last night, will replace those in the Planning and Development Act with respect to local authorities. Those provisions build on those of the Planning Act and will apply to the members and officials of local authorities, whether or not they are engaged in duties relating to planning. The Bill provides for a comprehensive ethics framework which is sufficiently transparent to discourage wrong doing and to encourage confidence in the local government system. The ethical provisions update and develop existing law and take account of the Ethics in Public Office Act, 1995. They cover all local authority activity and relate equally to staff and members of local authorities.
The planning tribunal has a vital role in developing public confidence in the planning system. It has a very large task and it is important that it be discharged effectively and in a timely manner. I wish Mr. Justice Flood and the future members of the tribunal well in their task and hope with these additional resources, the tribunal will be able to meet the time frame set out in Mr. Justice Flood's letter of 13 June 2001. I commend the Resolution and the amended terms of reference to the House.