Dáil debates

Wednesday, 13 May 2015

Independent Planning Regulator: Motion (Resumed) [Private Members]

 

2:50 pm

Photo of Pearse DohertyPearse Doherty (Donegal South West, Sinn Fein) | Oireachtas source

Cuirim fáilte roimh an rún atá curtha síos ag ár bpáirtí anocht le plé a dhéanamh ar an cheist seo agus, go háirithe, déanaim comhghairdeas leis an Teachta Stanley. Ba é a thabhairt é seo chun tosaigh. Níl dabht ar bith ann ach go bhfuil an díospóireacht seo de dhíth ach leis sin tá gá leis an Rialtas é seo a thabhairt i gcrích. Tá rialtóir neamhspéach de dhíth ó thaobh chúrsaí pleanála de, mar a moladh i dtuairisc an bhinse fiosrúcháin Mahon a foilsíodh in 2002.

Tá sé dochreidte go bhfuilimid an oiread sin blianta ar aghaidh i saol an Rialtais seo agus go bhfuil an tuairsic sin foilsithe leis na blianta ach nach bhfuil an reachtaíocht tar éis dul tríd Tithe an Oireachtais go fóill. Níos measa ná sin, má amharcaimid ar an Bhille atá an Rialtas ag smaoineamh tabhairt isteach, ní freagra é don mhéid moltaí a ndearna an binse fiosrúcháin Mahon. Iarradh rialtóir pleanála neamhspéach a chur i bhfeidhm sa Stát mar go raibh sé de dhíth. Mar atá fios againn uilig agus mar a pléadh inniu agus aréir sa Dáil, bhí an chaimiléireacht a bhí ar siúl ó thaobh chúrsaí pleanála de fite fuaite trí chóras polaitíochta an Stáit.

Tá fios againn gur chaith an binse fiosrúcháin Mahon solas ar an chaimiléireacht a bhí ar siúl anseo i bpríomhchathair Bhaile Átha Cliath agus go raibh sé fite fuaite trí pháirtí Fianna Fáil ag an am. Níl dabht ar bith ann ach go raibh Fine Gael páirteach ann fosta. Ar an drochuair, is é an rud atá an Rialtas seo ag iarraidh a dhéanamh ná rialtóir a thabairt isteach ach gan neamhpléachas a bheith ag an rialtóir sin. Beidh an freagracht nó an say nó an focal deireannach ag an Aire. Níl sé sin ceart ná cóir agus tagann sé salach ar na moltaí a ndearnadh i dtuairisc Mahon.

Last night, the Minister explained the background to standing down the inquiry into seven local authorities that was initiated by the former Minister, John Gormley. While Gormley's review was clearly prompted by serious concerns about planning irregularities, which was amply proven in the Mahon tribunal in the case of Dublin City Council, this was abandoned by the current Minister's immediate predecessor, Phil Hogan. At the time, Mr. Hogan said that such an inquiry would be inappropriate. He then established an internal departmental review which, when it reported in March 2013, was considered to have been so inadequate that consultants MacCabe Durney Barnes were subsequently engaged to conduct a statutory review of the planning procedures of six of the seven counties which the Gormley inquiry had targeted.

The Minister, Deputy Kelly, states that he hopes to receive this report next month. We all look forward to that report, but what happened to the seventh county of Donegal? Although originally targeted by the Gormley review, Donegal is not subject to the current one. Instead, the Minister said last night that he is finalising arrangements for the imminent appointment of a senior counsel, on a non-statutory basis, nominated by the Attorney General, to prepare a report on planning matters in respect of Donegal County Council.

The Minister knows, as I do, that there are serious allegations regarding Donegal. They have been made by the former county planner, Gerard Convie. His claims of irregularities were dismissed by the former Minister of State, Deputy Jan O'Sullivan, although he was subsequently vindicated in the courts. I hope therefore that the investigation he referred to will be in operation as soon as possible. I am aware that there are legal aspects to this, so I will not go into any further detail, other than to say that Mr. Convie and all those involved in the Donegal planning office must be able to have full disclosure of the issues involved. If, by any chance, there are irregularities present, they need to be disclosed to the public.

All of this highlights that it is insufficient to have internal reviews and consultancy reports. We need an independent planning regulator with teeth. It does not need to be a vast, costly operation but it does need teeth and to be genuinely at arm's length from the Minister. It should also be empowered to make recommendations, if necessary, to ensure that proven cases of corruption are brought to the attention of the legal authorities. Otherwise we are doomed to repeat the failures of the past.

This is all about political priorities. In 2013, the Cabinet approved the establishment of an independent regulator, but the Government has done nothing about it. Yet in that period, the Government had no problem introducing Irish Water and subsequent legislation to bill nearly 2 million customers.

It is about priorities and this Government must get its priorities right.

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