Catherine Murphy (Kildare North, Social Democrats) | Oireachtas source

The fallout from the controversy engulfing An Bord Pleanála continues to wreak havoc in the planning system. Yesterday, planning permission for 1,400 housing units was quashed in the High Court after An Bord Pleanála conceded three cases that were linked to its former deputy chairman, Paul Hyde. Those challenging the developments raised the issue of objective bias in the board's decision-making process. The board's legal advice was that it could not defend those challenges.

I want to say clearly that Mr. Hyde is facing a criminal prosecution following a Garda investigation into his conduct at the board, but my remarks do not relate to that. The criminal prosecution is not a matter for this House and I am no making no comment on it. However, the prospect of a large number of planning permissions being quashed in the High Court is most certainly something we should be discussing. It seems to me there is a concerted determination in Government circles to sweep the scandal of An Bord Pleanála under an increasingly large and bumpy carpet.

A number of reviews have been undertaken. Most recently, the Planning Regulator issued a report last week demanding urgent reform in An Bord Pleanála across a range of areas. The response of the board to that damning report was to welcome the fact it did not contain specific criticisms of the board's practices. How an organisation, not least an extremely important authority the reputation of which is currently in tatters, could read such a devastating critique of itself and issue such a cheery response is, frankly, beyond me. It raises serious questions about whether those who remain in leadership positions at the board are up to the task of instituting the kind of root-and-branch reform that is required. How can you drive reform if you do not acknowledge the problems?

A related issue arises. One of the outstanding reviews of An Bord Pleanála is one it is undertaking of itself. As far as we know, the conduct of other board members will not form part of that review or any review. This is despite the fact we know some sitting board members routinely overruled the reports of their own planning inspectors and made decisions on planning applications that were near or even next door to their own homes.

My questions to the Minister are as follows. How many planning permissions are going to be quashed as a result of this scandal? Has the Government been provided with that information? Is An Bord Pleanála likely to face legal action from developers in cases where permissions have been quashed? Does the Government have confidence in the chairman of An Bord Pleanála and, if so, does it have confidence in him to deliver the reform of the board that is so urgently needed? Why is it that the decisions of just one board member, Mr. Hyde, have been scrutinised when allegations have been made about others in news reports, including, for example, Michelle Fagan? It just does not make sense.

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