Noel Ahern (Dublin North West, Fianna Fail)

An Bord Pleanála is a body established under the Planning and Development Act 2000. It is mandated to operate completely independently in performing its functions. Members are appointed on the basis of nominations from 37 bodies prescribed under the Planning and Development Regulations 2001.

The board is required to make an independent determination of appeals on planning authorities' decisions. In dealing with an appeal, the board must consider all submissions on the file, together with the inspector's report and recommendation. It reaches its own conclusion in each case, in accordance with the proper planning and sustainable development of the area. Section 34(10) of the 2000 Act provides for the board to make a decision, which is not in accordance with the recommendations of its inspector — a ruling passed in this House — but requires reasons to be given for not accepting the recommendations.

The Planning and Development Act 2000 requires planning authorities and the board to have regard to Government policy when taking decisions on planning applications and appeals. Section 29 of the Planning and Development Act 2000 requires planning authorities and the board also to have regard to ministerial policy and guidelines, and comply with such guidelines in the performance of their functions. This has been a requirement on the board since its inception in 1977.

It is right and proper that state agencies, like the board, should operate in a policy framework set by the Government, which has a democratic mandate. I am sure the Deputy welcomes this requirement in certain areas of policy, for example, with regard to rural housing. For the first time, the new guidelines provide a policy framework setting out in detail how Government policy on rural housing, as set out in the national spatial strategy, is to be taken forward by local authorities in planning more effectively for rural areas.

The board operates a number of measures designed to ensure fairness and impartiality in carrying out its functions. Section 150 of the Planning and Development Act 2000 provides for the adoption by An Bord Pleanála of a code of conduct for dealing with conflicts of interest and promoting public confidence in the conduct of its business. The code further requires that persons employed by the board are to carry out its work in an independent manner that embodies the public service ethos of integrity, impartiality and a desire to serve the public interest while giving due consideration to all legitimate viewpoints and interests.

An Bord Pleanála has recently adopted a customer service action plan that provides for a complaints procedure with regard to the quality of service provided to customers. While it cannot overturn a decision, it will endeavour to deal with complaints dealing with procedure and clarify matters relating to the decision. It has undertaken to endeavour to reply to any complaint within one month of the date of its receipt. The board's code of conduct and customer service action plan is available to the public on request. They are also on the board's website.

The provisions of the Planning and Development Act 2000 as they relate to the operations of An Bord Pleanála, and the measures taken by the board as outlined, ensure that practices and procedures are carried out by the board to the highest standards of impartiality and professionalism.

I understand the Deputy's concern as I have been a public representative for 20 years. As councillors and Deputies we often complain about the board one week but think it is great the next week, depending on its decisions. Everybody works within a general framework. The Deputy's constituents may be concerned about the plant in Killala, whether or not the concern is well founded. I always urge constituents to acquaint themselves with the facts. We, as elected representatives have the responsibility to provide the right information to people and not lead them into a cul-de-sac with misinformation.

Planning permission is not given lightly. A long process must be gone through although some people feel the process is over long. People are concerned about issues. The board does not always make the right decision. I recall the board came up with a decision that the Government did not like in regard to Belmullet. We complain about the board one day, but think it is great on other occasions.

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