Fergus O'Dowd (Louth, Fine Gael)

I wish to share time with Deputies McCormack and Ring.

I will address the key issues in this important debate. Fine Gael proposes an amendment which reads:

To delete all words after "Dáil Éireann" and substitute the following:

"—condemns the corruption in planning matters exposed by the reports of the Tribunal of Inquiry into Certain Planning Matters and Payments;

—condemns the actions of those public representatives, officials, developers and landowners who engaged in the corrupt activity outlined by the tribunal; and

—notes the deterioration in public standing of all politicians as a result of this corruption;

calls:

—for the immediate passing of whistleblower legislation to protect those working in local authorities who reveal corruption; and

—on all parties to fully comply with the provisions of the Electoral Acts in relation to financial donations."

Our amendment deals specifically with one issue which we think will bring about an immediate change in how people address corruption and planning in local government generally. It calls for the immediate passing of whistleblower legislation to protect those working in and elected members of local authorities who reveal corrupt practices.

The corruption that was so prevalent in local authorities in Dublin in the 1980s and 1990s must be unequivocally condemned and I welcome this opportunity to condemn it. It seems that at that time, the era of Mr. Charles Haughey and Mr. Ray Burke, the system of planning in this city was hijacked by a few greedy people intent on making a quick buck, regardless of the consequences on our system of planning, on local government and on the communities of Dublin. Corrupt politicians, landowners, developers and their intermediaries must share the blame for the disgraceful series of events that occurred. This must never be allowed to happen again.

Central to the change required is a proposal that comes from the Standards in Public Office Commission. In its 2004 report it recommended a whistleblowers' charter whereby council employees and councillors who reported illegal, improper, unprofessional or unethical activities would be protected. However, successive Fianna Fáil Ministers have ignored this recommendation.

The Minister is ignoring the issue also. Where Fianna Fáil dithers, Fine Gael, in government, would act. The Fine Gael amendment calls for one of the most vital anti-corruption tools in the history of the State to be put in place, whistleblowers' legislation. Faith in government is at the heart of democracy and we will not take a back seat on issues of transparency and faith in local government but will enact the necessary legislation.

I wish to address some of the issues with practical suggestions for what we ought to introduce. I made these suggestions previously, but will make them again. Notwithstanding all the Minister said, he is missing an important opportunity to change our local government system. We want him to introduce a code of ethics or code of planning practice to which councillors and officials throughout the country would sign up. This system would be open and transparent and if any members of the public felt it was not being followed they could make a complaint through the relevant office dealing with the code or standards. This system could be set up immediately. Despite all the pious talk on the issue, we will have nothing if we do not act now. Land rezonings around the country create millions in profit for some people and the matter must be addressed. I accept that the tribunals have a significant part to play in how we deal with this issue, but this does not mean we should stand idly by as the Government has done by refusing to face this reality head on.

British county councils have adopted a code of practice that we could follow. When councillors are making decisions they are under a lot of pressure from the community. We need to ensure that when a decision is made, the common good of the community is the sole consideration at the time of the decision. To ensure this, we should protect our councillors and provide them with the same guidelines as provided for British councillors. They should not make statements in advance of a meeting on how they will vote on a controversial planning matter, they should not take up a campaigning role for or against an application, they should not act as an advocate for groups opposed to or supporting the application and they should not take part in prior consideration of the application through membership of organisations such as residents' groups, lobby groups or civic societies which are consulted on the application.

This does not mean that councillors should remain silent about an application or should not listen to or meet developers or other groups. Councillors are entitled to express a legitimate concern about an application when approached by constituents. Care must be taken and councillors should not approach a decision with a closed mind. A key point is that councillors must act in a quasi-judicial fashion. They must act independently and as if they are judging all the evidence in each case. At the heart of the corruption in Irish life is the absence of such a code of ethics or guidelines which would reinforce and ensure councillors would always act with due process and without prior commitments.

A further section of the British code of conduct is important. It suggests that in personal dealings with applicants councillors should be mindful of the need to avoid giving a firm commitment to support or oppose the application. They should bear in mind that their overriding duty is to the whole community and not just to the people in their ward, that planning decisions need to be taken on planning grounds and that they should avoid the appearance of improperly favouring any person, company, group or locality. They should not accept gifts, hospitality, bribes etc. These are simple fundamental rules that we could introduce and I urge the Minister to introduce them because this would protect the body politic and the public and would have due process in the planning area.

A key point of the British code deals with an issue at the heart of the planning problem. It recommends that all elected members should pay particular attention to the professional advice and recommendations of officers. Councillors should not be bound to follow officers' advice or recommendations, but they should only depart from the advice or recommendations when they have good reason to do so, based on clear and legitimate planning grounds.

The current situation here does not insist on these protocols. We should introduce this code. I do not see why the Minister cannot do so after consultation with all the parties in the House. One of the proposals made by the Labour Party was that we should get together on this. Let us put forward the proposal and see how we can bring about change. A core Fine Gael belief is that we must ensure the public has total confidence in the planning process. I know the Minister believes the same so let us do it.

I welcome the condemnation of corruption from all sides of the House but I am sick to the teeth of Sinn Féin lecturing me on corruption when they, or their associates, are the very people who have robbed banks left, right and centre throughout this country, most recently the Northern Bank. I accept and acknowledge——

See this speech in context