Micheál Martin (Cork South Central, Fianna Fail) | Oireachtas source

There are a number of questions there. I take it is the Bord Pleanála issue because I could deal at length with the housing issue. As I said yesterday, and I thank Deputy Murphy for raising the issue, the Minister for Housing, Local Government and Heritage, Deputy Darragh O'Brien, is aware of the allegations that have been made. He understands those allegations are currently being denied by the board member concerned. A senior counsel has been appointed by the Minister to provide a report in consideration of this and those terms of reference and timelines are currently being finalised.

As I said yesterday, separate from the allegations that have been made, the Minister has also been made aware of correspondence between the deputy chairperson of An Bord Pleanála, Mr. Paul Hyde, and the board's secretary, which was brought to his Department's attention by the chairperson of An Bord Pleanála. This concerned a conflict of interest disclosed by Mr. Hyde on 3 May 2022 in relation to a May 2021 board decision. Mr. Hyde states in his correspondence that he only became aware of this conflict of interest on 28 April 2022. The Minister then requested a report from the chairperson of An Bord Pleanála when he became aware of this matter on 6 May 2022. The chairperson responded to the Minister on 9 May 2022 that Mr. Hyde has agreed to absent himself from his duties as deputy chairperson for the time being, on a strictly without prejudice basis, pending completion of the chairperson's analysis of the matters raised. I then said that in this context Mr. Hyde will not be in attendance at the offices of An Bord Pleanála, have access to the electronic systems or documentation of An Bord Pleanála, and his case files have been reassigned to ensure the efficient discharge of the functions of the board.

The Office of the Planning Regulator, OPR, has independently written to the chairperson of An Bord Pleanála requesting him to outline the systems and procedures that An Bord Pleanála has in place to ensure effective compliance with statutory duties provided for in the planning Acts regarding the declaration of interests and any other information he considers relevant. I understand An Bord Pleanála has responded to this request, and the Planning Regulator is considering the response.

An Bord Pleanála is independent in its performance of its functions under the planning Act. Pending the outcome of these considerations, it is important that we allow for the completion of the reports to make more informed comments in the aftermath. Needless to say, all board members are required to make a declaration of certain interests under section 147 at least once a year, and the register of interests is available for public inspection. Under section 148, where a member of the board has a pecuniary or other beneficial interest in, or that is material to, any appeal, contribution, question, determination or dispute that falls to be decided or determined by the board under any enactment, he or she shall disclose to the board the nature of his or her interest and shall take no part in the discussion, consideration or decision-making in regard to the matter. There have been amendments to the legislation. To ensure the improvement of legal capacity within An Bord Pleanála, additional resources have been provided by the Minister. We are not satisfied with the level of litigation in the first instance, nor are we satisfied with its outcomes.

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