Dáil Éireann Debate, Wednesday - 16 December 2015
166. Deputy Mattie McGrath asked the Minister for the Environment, Community and Local Government the measures he is taking to prevent corruption of the planning process at local and national level; if he will publish all recent reports on this matter; and if he will make a statement on the matter. [45535/15]
Amharc ar fhreagraOn 15 December 2015, I published the Independent Planning Review of the performance of planning functions having regard to specific planning issues raised in respect of six planning authorities (Carlow, Cork, Galway and Meath County Councils and Cork and Dublin City Councils) prepared by McCabe Durney Barnes, together with my Department’s Response Report to the recommendations. This provides for an expedited schedule to implement all recommendations of the report which I have accepted to be implemented through appropriate legislative, regulatory and policy level changes in 2016. Both reports are available to download on my Department’s website at the following weblinks: http://www.environ.ie/en/Publications/DevelopmentandHousing/Planning/FileDownLoad,43873,en.pdf. http://www.environ.ie/en/Publications/DevelopmentandHousing/Planning/FileDownLoad,43874,en.pdf.
A separate review follows on from the Order made by the High Court on 14 June 2013, quashing that part of my Department’s Planning Review Report (2012) 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 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 issues raised in relation to planning matters in Donegal. Taking account of advice from the Office of the Attorney General my Department has appointed, on a non-statutory basis, Senior Counsel to prepare a review report in relation to these matters and a report is awaited.
In addition, I have received approval from Government to publish the Planning and Development (Amendment) (No. 2) Bill 2015 which will be available on the Houses of the Oireachtas website shortly. The Bill provides for the establishment of an Office of the Planning Regulator, which will be independent of my Department and whose primary functions will include powers to facilitate enhanced oversight of the planning system by undertaking assessments and evaluations of local development plans, variations of development plans, local area plans and regional spatial and economic strategies to ensure compliance with proper planning and sustainable development particularly regional and national planning policy and guidelines; undertaking research, education and training programmes; and undertaking reviews of the organisation and the systems and procedures used by planning authorities or An Bord Pleanála in the performance of their planning functions under the Planning and Development Act 2000, as amended, including a review of any potential risks of corruption in the conduct of their functions.
Part 15 of the Local Government Act 2001 provides an ethics framework for both elected members and employees working in local government. The ethics framework imposes a statutory duty on all to maintain proper standards of integrity, conduct and concern for the public interest. There are requirements to submit annual declarations of interest and to also make a declarable interest when pertinent matters arise during the course of the business of the local authority. Elected members are prohibited from speaking or voting at meetings on issues where they have a beneficial interest while employees must refrain from seeking to influence a decision of a local authority in cases where they have a beneficial interest. The Act also prohibits elected members and employees from seeking, accepting or exacting any fee, reward or other favour for anything done by virtue of a person’s office or employment. My Department has also issued codes of conduct under Part 15 of the Act for the guidance of elected members and employees in carrying out their functions.
