Darragh O'Brien (Dublin Fingal, Fianna Fail) | Oireachtas source

I welcome the opportunity to speak to the House today regarding An Bord Pleanála. An Bord Pleanála, as I have said publicly, stands at the apex of our planning system and plays a crucial role as the final arbiter of many planning applications. In this light, I treat and have treated any allegations of inappropriate actions or behaviours by its members with the utmost seriousness. The public must have trust in the impartiality and integrity of our planning system if it is to function effectively in facilitating the sustainable development this country needs.

In the light of recent allegations I want to reassure the House of the significant and swift steps I have taken to ensure the public can have confidence in the integrity of the decision-making process while ensuring it continues to function in facilitating appropriate development. The Government has sought to act, and has acted, openly, quickly, and effectively in responding to the immediate problems, to address underlying issues and to maintain a fully functioning planning system.

The actions broadly fall into three categories, namely, dealing with specific allegations of wrongdoing, implementing internal reform of the process, procedures and workforce plans of An Bord Pleanála and a fundamental overhaul of An Bord Pleanála's nomination process and its broader legislative framework.

The planning system must be made fit for purpose while still moving forward. The series of reforms arising from this controversy will be rolled out without delaying critical housing and infrastructural development. I have asked all Opposition spokespersons for their input into the process and I assure the House that I will engage with their specific proposals.

An Bord Pleanála is the national independent statutory body with responsibility for the determination of planning appeals and direct applications for strategic infrastructure and other developments under the Planning and Development Act 2000, as amended, and certain other Acts. An Bord Pleanála is independent in the performance of its functions under the Planning and Development Act.

Approximately 30,000 applications are considered by the planning system on an annual basis and about 10% of such applications are appealed to the board. In addition, the board considers substantial cases associated with strategic infrastructure, which will increase in the coming years through the major investment under the national development plan and together with the new functions coming to the board under the Maritime Area Planning Act 2021, as amended, the board will play a really significant consenting role for a range of critical infrastructure projects, not least those required to tackle the energy crisis and to move swiftly to renewable energy.

As Members will be aware, I have brought an end to the strategic housing development, SHD, planning arrangements following a commitment made in the programme for Government not to extend them post their legislative expiry. I firmly believe that it is more appropriate for decisions to be taken at a local authority level and our new Planning and Development (Amendment) (Large-scale Residential Development) Act 2021 restores decision-making on these schemes to our local authorities.

There are transitional arrangements in place and SHD planning applications are currently working their way through the system. I have no doubt this will have an impact on the caseload of the board. Dealing with this increasing caseload in an efficient, effective and timely manner, is absolutely critical and the cornerstone of this is ensuring that there is public confidence in the decision-making process, in its impartiality, its integrity and its transparency. I therefore treat any allegations of inappropriate actions or behaviour by the members of the board with the utmost seriousness. Today is an important chance to outline to the House the range of actions taken and planned in relation to the recent allegations while respecting, as the Ceann Comhairle mentioned, the ongoing Garda investigations.

It is important at the outset to commend the staff of the board who work extremely hard in challenging conditions to deliver on current requirements. I know they are willing to work with the changes that will be required to meet new demands and to respond to process changes recommended through various reviews. This is being supported by increased staff resourcing and acceleration of the digital agenda.

In tandem with this, the review of planning legislation, which had started in advance of any allegations being made and on which there has been significant engagement with the Oireachtas Joint Committee on Housing, Local Government and Heritage, will bring greater clarity to the legislative code in which the board works, aiding both practitioners and the public alike. Apart from the streamlining of the legislation, as the committee will have discussed, a particular focus of the review is on ensuring that the plan-led nature of the system is enhanced and that there is more meaningful public engagement, particularly at the earliest part of the process, which is the development plans across our country. This will set the environment context for decisions of planning authorities and the board into the future and should lead to a system where there is less contention at application stage because there has been more debate at planning stage.

Through the various measures I will outline today, I will underscore to the House the importance of maintaining trust and confidence in our planning system.

The Government is taking action on a number of fronts to ensure there is a fundamental change to equip us for the future and maintain the full ongoing operation of the system to ensure the right development takes place in the right place at the right time to meet the increasing challenges we face in housing and infrastructural provision.

Before getting into the specific matters of concern, I will outline the existing statutory and other provisions relating to the corporate governance of An Bord Pleanála. Under section 147 of the Planning and Development Act, all board members are required to make a declaration of certain interests at least once per year. The register of interests is available for public inspection. Under section 148 of that Act, "[w]here a member of the Board has a pecuniary or other beneficial interest in, or which is material to, any appeal, contribution, question, determination or dispute which falls to be decided or determined [upon] 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 on that matter. Failure to comply with sections 147 and 148 is an offence under sections 147(11) and 148(10).

In the same manner as other agencies, An Bord Pleanála is subject to the code of practice for governance of State bodies and is required to furnish to the Minister, in conjunction with its annual report and financial statements, a comprehensive report covering that State body, confirming its adherence to the code of practice and that it has a code of conduct in operation. All members of An Bord Pleanála serve in positions subject to the Ethics in Public Office Acts 1995 and 2001, including the making of annual declarations as appropriate. The Standards in Public Office Commission, SIPO, processes complaints regarding compliance with those Acts.

On the allegations of wrongdoing, in April 2022, certain allegations against the then deputy chairperson of An Bord Pleanála came to my attention. I recognise that board members have critical roles in the board and in the planning system. These allegations, which were denied by the board member concerned, warranted a serious and immediate response. In light of the allegations, I appointed senior counsel Remy Farrell to provide a report to inform my consideration of the matter. The terms of reference for the report were published on my Department's website on 12 May and, in accordance with those terms, Mr. Farrell was tasked with providing a report to me within six weeks. On 22June, I received and agreed to a request from Mr. Farrell for an extension of time to 29 July to allow him sufficient time to complete his work and finalise the report. I received the report into the management of conflicts of interest and relevant disclosures by the deputy chairperson of An Bord Pleanála in relation to certain decisions of that board from Mr. Farrell on the 27 July. On 15 August, on the advice of the Attorney General, I referred the report to the Director of Public Prosecutions, DPP, An Garda Síochána and the Standards in Public Office Commission.

I recognise the vital public interest in this report and that the public must have trust in the impartiality and integrity of our planning system if it is to function effectively. With this in mind I inquired of the DPP if there was any reason that should prevent my publishing of the report in full or in part. The DPP has asked that the report not be published until such time as An Garda Síochána has completed its investigation into this matter and a decision has been made on any possible or potential prosecution. As such, it would be inappropriate for me to comment further on this matter. I am sure Deputies will be conscious in their contributions that this matter is the subject of ongoing Garda investigation. That has been agreed by all and the Ceann Comhairle has already referenced that.

With regard to broader issues that have been raised relating to the board's internal processes, and taking account of the urgent need to progress measures aimed at restoring public confidence in An Bord Pleanála, the Office of the Planning Regulator, OPR, initiated its review of An Bord Pleanála systems and procedures as part of its review programme on 24 August 2022. This two-stage review is being carried out by independent planning experts from other jurisdictions and Conleth Bradley SC, who is heading up the first phase of the review. I have been informed that staff of An Bord Pleanála have an opportunity to engage substantially with this review. It is my intention that the outcome of the review will help inform other internal changes as required in An Bord Pleanála and will assist in identifying legislative amendments that may be required. The terms of reference for this review have been published on the OPR's website. In addition to the matters being focused on in this review and those previously announced, An BordPleanála will be included in the OPR's programme of general reviews on an ongoing basis.

I await the conclusion of a separate internal report from the senior management team within An Bord Pleanála which was requested by Mr. Dave Walsh, chairperson of An Bord Pleanála. It should be noted that the roles of this senior internal team do not involve them in any active participation in the processing of, or the making of decisions on, any planning cases that have been determined by the board and that may be the subject of this examination. I understand this internal report will consider other allegations, including a review of a number of decided cases where public commentary has raised issues and concerns around the procedures and processes applied in those cases. This process of internal investigation of certain files is under way and is expected to be completed quite shortly. The internal team is due to report back to the chairperson of An Bord Pleanála. I will engage further on this when the report to the chairperson is complete to see what further action may be required to ensure public trust in the board.

There are some immediate measures we have taken already and I will outline them. In addition to the review that is completed and the two that are under way, several additional measures are being undertaken as a matter of urgency to ensure the impartial and effective functioning of the board. These measures include a comprehensive review of the internal code of conduct of An Bord Pleanála being undertaken by the board, the complete cessation - not suspension - of the two-person decision-making panels, and the overhaul of internal compliance procedures on ethical requirements. As a matter of priority, it is intended that a senior legal adviser will be appointed to the board and that there will be a requirement for monthly reports from the board to me as Minister on corporate governance implementation under section 109 of the Planning and Development Act.

It is vital, as I think we all agree, that there is full confidence in the functioning of the board as a fair and impartial cornerstone of our planning system. To uphold trust in the board, I have announced that the current appointment process to An Bord Pleanála will be overhauled and the process for nominations in place at the moment will cease. I have instructed my Department to work on the reform of the An Bord Pleanála board member appointment process as a matter of priority and I will bring a plan to Cabinet in the coming weeks - I intend that to be in this month, September - which will outline a new appointments process for board members, underpinned by new legislation which will come to the House and the committee. It is intended this new process will reflect modern best practice for recruitment to senior executive positions within the Irish public service. This plan will also outline a range of additional measures to improve the operation of An Bord Pleanála to deliver an efficient and high-quality planning decision-making service in accordance with the highest standards of corporate governance.

As I previously stated, I do not underestimate the work undertaken by the staff of An Bord Pleanála, which is increasing as we work to meet our targets set out in Housing for All, and other major infrastructure being provided under the national development plan. I have already sanctioned a further 24 posts for An Bord Pleanála at the board's request, which are currently being recruited. I intend to approve a further substantial increase in staffing resources for An Bord Pleanála shortly to ensure it is fully equipped to meet the demands of our planning system, including the new functions it will take on as part of the new marine planning arrangements, in particular. The additional staff members will be hired in tandem with the recommended organisational reforms set out by the Office of the Planning Regulator review to create a fully fit-for-purpose body, including any legislative changes required to achieve this aim.

Under Housing for All - a New Housing Plan for Ireland, a number of objectives are set out with the aim of improving the functioning of the planning system, including the comprehensive review and consolidation of planning legislation, which is nearing completion. I have already referred to that in my remarks today. The review is being led by the Attorney General. He has established a working group of professionals with planning law expertise to assist him in this work. It is intended that the review will be completed and the Bill will be finalised in the fourth quarter of this year.

An organisational review of An Bord Pleanála was undertaken by an independent expert panel and published in March 2016. Legislative proposals contained in the 2016 organisational review of An Bord Pleanála are being considered in as a part of this broader review. As part of the review, recently, both the planning advisory forum and the Oireachtas Joint Committee on Housing, Local Government and Heritage considered a paper on the corporate provisions in relation to An Bord Pleanála. They have also considered themes such as plans and guidelines, planning consents, enforcement and environmental assessment and will shortly discuss issues concerning judicial review and planning.

In conclusion, I recognise the important role An Bord Pleanála plays in our planning system and how the decisions made by the board have an impact across the breadth of planning in Ireland, from rural family homes, to strategic infrastructure programmes, to large-scale residential builds. I am confident that the actions taken to date will start the process of restoring confidence in the organisation and will assure the public of this Government's commitment to ensuring the highest levels of accountability and transparency in the work of our agencies.

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