Jonathan O'Brien (Cork North Central, Sinn Fein) | Oireachtas source

It may be argued, and is being argued through the Government amendment, that our proposal is unnecessary because the Government has set in train legislation to appoint a planning regulator. However, it is clear from the details it has published that this proposal will not be as recommended by the Mahon tribunal. In other words, the regulator will not be independent of the Minister, and the Minister will be under no obligation to abide by the regulator's recommendations. It is not just Sinn Féin that holds this opinion. The Irish Planning Institute pointed out, in response to the Government's proposals: "The final decision will rest with the Minister of the day and not the new regulator, demoting the regulator's role to that of an 'advisor'. Advising is not regulating."

On that basis, our proposal for an independent regulator answerable to the Oireachtas and appointed by an independent appointments board stands. One of the reasons for calling for such an independent regulator relates not just to the matters investigated by Mahon, but to what has taken place under this Government's watch. I refer specifically to the failure of the former Minister, Phil Hogan, to follow up properly on the Mahon report in terms of the transparency and accountability of the planning process. First, the former Minister took the decision not to proceed with the full inquiry into planning irregularities that had been set in train by his predecessor, John Gormley. He failed to take any action on issues arising from the Mahon report, or on claims that were made directly to him regarding irregularities in various local authority areas, including Wicklow.

Recent evidence or public conversation regarding Denis O'Brien's acquisition of Siteserv and its subsequent winning of the water meter contract raises questions in many people's minds over O'Brien's relationship with Fine Gael, and with the former Minister, Phil Hogan, in particular.

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That was not a subject of the Moriarty tribunal. While not directly related to planning, it did arise from the general suspicions that surrounded the unhealthy relationship between certain wealthy individuals and the political process. The failure of the former Minister, Mr. Hogan, to implement the Mahon tribunal recommendations on planning and on those connections in general prove, as does the Siteserv episode, that the unhealthy relationship still exists and that Fine Gael, in particular, does not want such matters, including recent planning issues, to be subject to scrutiny.

Mr. Hogan also presided over the continuing close relationship between certain people involved in the planning process and vested interests who retain the ability to have controversial proposals passed. As Minister he appointed Mr. Conall Boland as deputy chairperson of An Bord Pleanála. Mr. Boland had previously been a director of RPS Consultants, which had framed a number of controversial proposals that Mr. Boland, in his new role, voted to approve even against the objections of senior inspectors within An Bord Pleanála.

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