Planning Legislation

Dáil Éireann Debate, Thursday - 3 May 2012

Thursday, 3 May 2012

Ceisteanna (5)

Catherine Murphy

Ceist:

5Deputy Catherine Murphy asked the Minister for the Environment; Community and Local Government if he will be reinstating the independent planning investigations commenced in June 2010; if he will make known the specifics of the complaint received by him in relation to alleged planning irregularities in Carlow County Council which formed the basis for that council’s inclusion in the aforementioned investigative process by former Minister Gormley; if he will advise when his Department’s Internal Planning Authority Review Report will be published; and if he will make a statement on the matter. [22556/12]

Freagraí ó Béal (5 píosaí cainte)

Minister of State at the Department of the Environment, Community and Local Government (Deputy Jan O’Sullivan)

The planning review is intended to assess the application of planning legislation, policy and guidance within the development plan and development management systems at local level and to inform further policy development in these areas. Seven planning authorities, including Carlow County Council, representing a broad geographical spread of both urban and rural areas as well as both large and small authorities, had been selected to assist in the review of policies and practices by reference to a number of cases raised with my Department. In the case of Carlow County Council, the issues raised relate to weaknesses in the procedures followed by, and governance structures in place in, the planning department of the Council.

The question of reinstating the review does not arise as it was never terminated. Rather, I am proceeding now on the basis of my predecessor's decision that instead of incurring significant costs to the Exchequer by securing outsourced expertise, the Department would carry out an examination of the cases involved to inform the planning review. I will be making a public statement in the coming weeks, setting out fully the nature of the complaints involved, the findings of the review and the conclusions and recommended next steps, as appropriate.

Deputy Catherine Murphy

This question arises in the context of the report of the Mahon tribunal. We know what happened in Dublin and that serious complaints were made to the Department and the Ombudsman about what had occurred in Cork. I have a copy of the Ombudsman's report, delivered on 25 February, which refers to difficulties of a systemic nature. Essentially, what is happening is similar to what occurred when the Ferns report - the first such report of its kind on child abuse within the church - was published. In the context of child abuse, it did not come as a surprise that there was the same problem in other locations because the same structures and systems were in place. The position is exactly the same in the planning system which lies at the core of the economic difficulties by which we have been beset. People's sense of outrage regarding the Mahon tribunal cannot be temporary in nature. The investigation carried out must be credible and allow people to feel a sense of confidence in the planning system into the future. There can be no recurrence of past failures. Is the Minister of State confident that an internal inquiry will be seen as credible from the point of view of restoring people's confidence? Is she not of the view that there is a need for an independent assessment rather than an in-house one? I fully appreciate that money is tight, etc. However, an investigation must be credible, above reproach and independent. Will an internal review deliver in this regard?

Deputy Jan O’Sullivan

I agree with a number of the comments made by the Deputy. First, there is a need to restore confidence in the planning system. In that context, we must respond to the abuses and corruption identified in the Mahon tribunal's report. The Minister, other Ministers and I intend to respond to all of the recommendations contained in that report in a substantial and complete way.

The investigations which are the subject of this question were instigated by the former Minister, Mr. John Gormley, and represent a selection of the overall number of complaints received by the Department in respect of virtually every local authority in the country. The Department receives approximately 8,000 complaints from the public per annum about a variety of issues. I am sure the position is the same in other Departments. The seven cases in question were selected by the former Minister and we are carrying out investigations into them. If the report on these matters suggests further and external investigations are required, I will order them. We will publish a full report. The investigators from the Department have carried out on-site visits in the seven local authorities in question and will supply us with a complete analysis. I intend to publish the reports and recommendations I receive in full. I am committed to ensuring confidence in the planning system is restored.

Deputy Catherine Murphy

I understand the local authorities selected to be investigated were contacted and that they issued responses. I actually have a copy of the response submitted by the authority in Cork. I am sure each of the authorities involved has submitted a response at this point. Does the Minister of State propose to publish them? The State spent a small fortune on the Mahon tribunal and we were obliged to wait years for its report. Members of the public who are picking up the tab in respect of this matter - not just with regard to the report but also in the context of the property bubble and the lack of strategic planning relating thereto - continually state no action is taken. There is a need to resolve matters in a comprehensive and timely way with regard to individuals who still hold certain positions and in respect of whom questions have arisen in order that we might reassure the public and return to a position where we have a planning system over which we can stand.

Deputy Jan O’Sullivan

The report of the Mahon tribunal identified instances of serious corruption. We must ensure we learn from what occurred in the past and implement the recommendations contained in that report. The seven investigations relating to the local authorities do not relate to instances of corruption but rather to suggestions the administrative systems were not as good as they should have been. For example, an issue arose with regard to the height of buildings in Dublin and there were a number of differences of opinion between An Bord Pleanála and Dublin City Council in this regard. Issues also arose in respect of pre-planning meetings in Cork. There were other issues regarding the way planning departments were run. These are all serious issues, but they are not of the same scale as those identified in the report of the Mahon tribunal. In fairness to the local authorities concerned, we must acknowledge this fact. If there is anything which suggests there is a need for further investigation to be carried out by an independent outside entity into the matters which are the subject of this question, I am committed to establishing such an investigation. The report of the Mahon tribunal contains very significant recommendations which I intend to implement.