Brian Stanley (Laois-Offaly, Sinn Fein)
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I welcome everyone to this morning’s meeting. No apologies have been received.

Please note that in order to limit the risk of the spread of Covid-19, the Houses of the Oireachtas Service encourages all members, visitors and witnesses to continue to wear a face mask when moving about the campus or within close proximity to others, to be respectful of other people's physical space and to adhere to all public health advice.

Members of the committee who are attending remotely must do so from within the precincts of the Parliament. This is due to the constitutional requirement that in order to participate in public meetings members must be physically present within the confines of Leinster House.

The Comptroller and Auditor General, Mr. Seamus McCarthy, is a permanent witness to the committee. He is accompanied by Ms Mary Henry, deputy director of audit at the Office of the Comptroller and Auditor General.

This morning we engage with officials from An Bord Pleanála to examine its 2020 financial statements. At the committee’s request, the board has included briefing material on the following matters which may be examined during the course of the meeting: the status of the implementation of recommendations made in the report, entitled the organisational review of An Bord Pleanála by the independent review group, dated February 2016; judicial reviews of the board’s decision, including the overall number; and how many are decided, how many were successful and the status of live cases.

The Department of Housing, Local Government and Heritage has provided a briefing note in relation to details of arrangements for the appointment of the chairperson and other members of An Bord Pleanála.

We are joined this morning by the following officials from An Bord Pleanála, Mr. Dave Walsh, cathaoirleach, Mr. Gerard Egan, director of corporate affairs and Ms Anne Killian, finance officer. We are also joined by the following officials from the Department of Housing, Local Government and Heritage, Mr. Graham Doyle, secretary general, and Ms Maria Graham, assistant secretary, planning division.

As usual, I remind all those in attendance to ensure that their mobile phones are on silent or switched off. Before we start, I wish to explain some limitations to parliamentary privilege and the practices regarding references witnesses may make to other persons in their evidence. As they are within the precincts of Leinster House they are protected by absolute privilege in respect to the presentations they make to the committee. This means that they have an absolute defence against any defamation action for anything they may say at the meeting. However, they are expected not to abuse this privilege. It is my duty as Cathaoirleach to ensure that it is not abused. Therefore, if witnesses’ statements are potentially defamatory in relation to an identifiable person or entity, they will be directed to discontinue their remarks. It is imperative that they comply with such directions.

Members are reminded of the provision of Standing Order 218 that the committee shall refrain from inquiring into the merits of a policy or policies of Government or a Minister of the Government or the merits of the objectives of such policies. Members are also reminded of the longstanding parliamentary practice that they should not comment on, criticise or make charges against a person outside the House or an official either by name or in such a way as to make him or her identifiable.

Before we move to the opening statements, and in the context of the reminder that I just read out, it is important that members are aware there are number of ongoing inquiries that focus on alleged conflict of interest and governance issues at An Bord Pleanála. To avoid the risk of prejudicing these investigations, as well as other potential proceedings that may follow from their conclusion, members must respect the fact that the review of decisions of the board is a matter for the courts. Because members should not comment on, criticise or make charges against person outside the House either by name or in such a way as to make him or her identifiable, I will not permit members to question or comment upon specific matters that are subject to the inquiries.

While we have requested information in relation to judicial reviews on the board’s decision and details of arrangements for the appointment of the chairperson and other members of the boards, discussions on these matters should focus on systems, processes and should avoid discussion of specific cases or individuals.

To begin I call on the Comptroller and Auditor General, Mr. Seamus McCarthy, for his opening statement.