Dáil debates

Tuesday, 16 July 2013

Ceisteanna - Questions - Priority Questions

Planning Issues

1:55 pm

Photo of Barry CowenBarry Cowen (Laois-Offaly, Fianna Fail)
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53. To ask the Minister for Environment, Community and Local Government the timescale for the appointment of an independent inquiry into planning irregularities following the High Court decision of 14 June 2013 to quash part of the internal planning review; and if he will make a statement on the matter. [33939/13]

Photo of Jan O'SullivanJan O'Sullivan (Limerick City, Labour)
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The planning review report I published on 12 June 2012 was prepared internally by my Department. I committed to having the report assessed by an independent planning expert and on 8 March 2013, I published the independent evaluation of the planning review report of June 2012 prepared by Mr. Hendrik van der Kamp. The planning review report produced strong recommendations which have stood up to independent assessment. Both reports are available on my Department's website, www.environ.ie.

On 14 June 2013, the High Court made an order quashing that part of the planning review report relating to County Donegal following a settlement between my Department and another party who had brought judicial review proceedings in respect of that part of the report. The matter has now been disposed of to the satisfaction of both sides.

I am continuing my efforts to restore public confidence in the planning system by opening up the review process and system to maximum scrutiny. Accordingly, and for the avoidance of any doubt over the validity of the process to date, I have decided to appoint independent consultants, following a new tendering process to be commenced shortly by my Department, to conduct an independent review of the application of planning practices and procedures in the other six local authorities included in the planning review report in light of the settlement of the judicial review proceedings. A request for tenders will issue shortly. I have also sought the Attorney General's advice on how best to proceed in the case of Donegal County Council.

Photo of Barry CowenBarry Cowen (Laois-Offaly, Fianna Fail)
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I thank the Minister of State for her reply. On foot of her statement that the Department is in the process of instigating a new independent review and considering that we are back in the position we were in three years ago, does she accept that the original decision to terminate the independent inquiries was incorrect? In light of the decision made by the Government to bring down the independent review and the High Court decision in this matter, is it a fair analysis that the Government has concluded it is necessary to establish a new independent review?

Would the Minister of State not consider utilising the panel put in place by the former Minister, Mr. John Gormley, in January 2011 in order to expedite any such process involving putting an independent review back in place?

2:00 pm

Photo of Jan O'SullivanJan O'Sullivan (Limerick City, Labour)
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In the interest of accuracy, first, it was a review and not an inquiry and second, it was not instigated. A panel was set up but the process was not commenced by the then Minister, Mr. Gormley, nor was it commenced by Deputy Ó Cuív who took over when Mr. Gormley resigned from the then Government. A decision was made in good faith by my predecessor to carry out an internal review. It was held open that if necessary there would be an independent review, but it was always a review and not an inquiry. I have now decided, in view-----

Photo of Barry CowenBarry Cowen (Laois-Offaly, Fianna Fail)
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We are now back where we were two years ago.

Photo of Jan O'SullivanJan O'Sullivan (Limerick City, Labour)
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No, we are not because we have had a number of recommendations from the internal review and also from Mr. van der Kamp's appraisal of the review. I intend to implement those very solid and practical recommendations with regard to the planning process.

On the Deputy's second point, I am now having a review by external experts. I cannot use the process and the people put on the panel by Mr. Gormley. Apparently for fair procedure we have to start a new process because of the time that has elapsed.

Photo of Barry CowenBarry Cowen (Laois-Offaly, Fianna Fail)
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Does the Minister of State consider they were inappropriate?

Photo of Jan O'SullivanJan O'Sullivan (Limerick City, Labour)
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It will not take long. We will shortly put it out to tender. There is a period of probably two months or so when that will need to be considered and then a decision will be made. I expect the process to be in operation in the autumn.