Brian Stanley (Laois-Offaly, Sinn Fein) | Oireachtas source

I am disappointed that neither the Minister for the Environment, Community and Local Government nor one of the Ministers of State from that Department is present. The motion calls for the appointment of an independent planning regulator. It is important to put this into context.

We are all well aware of the background to the Mahon tribunal into planning corruption which focuses on the role of leading local authority officials, mainly in the Dublin area and also of leading politicians who were implicated in some of those irregularities. I will not go back over all the details of that. However, what is relevant to the motion is that one of the key recommendations of the Mahon report published in March 2012, namely to appoint a planning regulator, has not yet been implemented.

The Government recently published an outline of proposals on planning which includes provision for a planning regulator, but falls short of making such an office independent of the Minister, as recommended in the Mahon tribunal report. Section 1.14 of the final Mahon tribunal report of recommendations arising from the inquiry refers to its concerns that, despite the investigation into planning irregularities and the systemic failures that allowed them to go unchecked that:

[R]ecent changes in the planning system have resulted in an over-centralisation of power in the hands of the Minister for the Environment which is not subject to sufficient checks and balances. Consequently, the Tribunal is recommending that the Minister for the Environment’s ability to give directions to Regional Authorities and Local Planning Authorities should be entrusted to a Planning Regulator.

Section 1.15 states that planning regulator's role should be:

[T]o investigate possible systemic problems in the planning system, including those raising corruption risks, with the aim of making recommendations to address those problems. The Regulator should also be responsible for providing training to members of both local and regional authorities on planning and development to enable them to discharge their functions in this area more effectively. The Regulator should have sufficient powers to carry out his or her functions effectively, including the power to question witnesses and compel the production of documents.

That is what the Mahon tribunal report recommended. Unfortunately the Minister, Deputy Kelly's, scheme for a regulator does not contain such provisions for the office to be established on such an independent basis. Instead it makes clear that any review, inquiry or recommendations of the planning regulator will be subject to the approval - and in effect the veto - of the Minister for the Environment, Community and Local Government. That is not an acceptable response, nor does it fulfil the Government's promise to establish an independent planning regulator.

When the then Minister of State, Deputy Jan O'Sullivan, published her review into the seven local authorities - subsequently changed to six - in June 2012 in response to concerns raised, she specifically stated that legislation would be brought forward to include the appointment of an independent planning regulator. However, that is not included in the proposed Bill and I ask the Minister - and the Minister of State, Deputy Kevin Humphreys, in his absence - why this is not the case.

In rejecting the call for an independent planning regulator in February the Minister of State, Deputy Coffey, said that such an office would give an unelected official powers that would supersede "the democratic oversight and accountability of the policy-making process". Sinn Féin does not believe that is the case as such an office could operate in the same manner as the Office of the Ombudsman. The transparency and accountability of the planning regulator could be guaranteed by requiring him or her to appear before the Joint Committee on Environment, Culture and the Gaeltacht or whatever other committee may be deemed appropriate. I note that the general scheme of the Bill does not provide for this.

It is only now, in the twilight of the Government that the long-promised planning legislation is being discussed. Given the normal gap between the publication of such proposals and the legislation passing through both Houses of the Oireachtas, I will not be holding my breath that we will see this before the general election, although I hope I am proved wrong. Perhaps the Minister can indicate when the Government hopes to introduce it.

We have tabled this motion tonight, as we believe the appointment of an independent planning regulator is a matter of urgency and can be dealt with within a short time. A stand-alone Bill could be published to establish such an office before the summer recess. I ask those on the Government side of the House as well as Deputies on the Opposition side to support the motion given that people on all sides of the House have spoken eloquently about this and supposedly support it.

I note that the Minister has recently established an inquiry into serious allegations of planning irregularities and other matters in County Wicklow. I have met a number of people who have brought very serious allegations to my attention based on concrete evidence. The Minister has been presented with a detailed list of questions and complaints regarding property developments in County Wicklow by the local auctioneer, Mr. Gabriel Dooley, and these have been reported in the media. These centre on the acquisition of lands, rezonings and road access, for none other than Mr. Seán Dunne and Mr. Seán Mulryan, around the proposed development at Charlesland near Greystones.

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