Oireachtas Joint and Select Committees

Wednesday, 12 April 2017

Select Committee on Housing, Planning, Community and Local Government

Planning and Development (Amendment) Bill 2016: Committee Stage

9:00 am

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael) | Oireachtas source

Yes, that is my understanding. Section 31AU reads:

(1) The office may examine—

(a) complaints made by any person to the Office, or

(b) where requested by the Minister, complaints made by a person to the Minister.

In other words, if someone writes to the Minister to inform him or her that a corrupt decision has been made on any given week in a local authority and that he or she needs to examine it, the Minister can refer the correspondence to the office of the planning regulator. Subsection (2)(e) of section 31AU reads "may be operating in a manner whereby there is impropriety or the risk of corruption in the conduct of its functions". The office therefore does have the power to make an initial investigation to see whether there is validity behind the complaint. Then, if the office believes it is a criminal matter, it would refer it on to the Garda, or it may go to the Standards in Public Office Commission if it is not a criminal decision but is a political corruption issue that needs to be addressed through the political system, the Office of the Ombudsman, etc.

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