Eamon Ryan (Dublin South, Green Party)

I appreciate the opportunity to discuss this important issue, which relates to the perceived independence of a State body, An Bord Pleanála. It is vital, in the interests of proper planning and political support for the planning process, that An Bord Pleanála should be independent.

The Minister, Deputy Roche, is aware that when An Bord Pleanála made its decision on the first planning application for a gas terminal building in Bellanaboy, the inspector came to the conclusion that the application was for the wrong site from a strategic planning perspective. The inspector said in his report that the site chosen by the company in question was the wrong one when considered in the context of the Government's policy of fostering balanced regional development, from the perspective of minimising environmental impact and in the interests of sustainable development. More alarmingly, the inspector said he was under the impression that the granting of planning permission in this instance was a fait accompli. He concluded that the proposed site was unequivocally an incorrect choice.

It is remarkable that, according to briefing documents from a meeting five months later between the Taoiseach and Shell, the Department of Communications, Marine and Natural Resources acted as a bag carrier or messenger for the development company in question. The briefing document contains expressions of concern about An Bord Pleanála's lack of understanding of many aspects of the projects and the petroleum sector. It refers to the fact that the company in question had lost money as a consequence of the delays caused by An Bord Pleanála's decision. It highlights the serious reservations of the company, Enterprise Energy Ireland, about An Bord Pleanála's decision and states that there were are no alternatives to the Corrib gas field.

I would like to know what role, if any, the Department of the Environment, Heritage and Local Government played in asking An Bord Pleanála to give assurances that any further appeal decision would be considered with absolute urgency. The Department was able to present a memo at the meeting between the Taoiseach and representatives of Shell, stating that An Bord Pleanála had given a commitment to treat the appeal with utmost priority and to deliver a decision within 18 weeks, as statutorily required. I want the full details in this regard because it is vital that the planning process should be conducted in an open and fair manner. Anyone who examines from the outside the process that led to a decision being made on the appeal in this instance would agree that it was not conducted in an open and fair manner. The appellants, including those who represented the Green Party in the appeals process, did not have the same level of access to An Bord Pleanála as the developer, which was able to make a presentation on the wonderful work it was doing.

I have serious concerns that the Government constantly took Shell's side, in effect, throughout this process. The Taoiseach downgraded the role of An Bord Pleanála by proposing to introduce a critical infrastructure Bill. He continually expressed his support for the project in this forum and elsewhere. While such evidence is circumstantial — the Taoiseach is entitled to act on behalf of Shell — I contend that he put remarkable and untold pressure on An Bord Pleanála to accept the Government's will and to do the right thing in this case. It is to be deeply regretted that such actions have been bad for the long-term position of An Bord Pleanála as a credible and independent body. I am keen for the Minister to provide as many details as possible about this sorry process.

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