Barry Cowen (Laois-Offaly, Fianna Fail)
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7. To ask the Minister for Environment, Community and Local Government if he will provide an update on the re-instated inquiries into planning irregularities in seven local authorities; and if he will make a statement on the matter. [19555/14]

Barry Cowen (Laois-Offaly, Fianna Fail)
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On assuming office, the Minister put a stop to the proposed planning inquiry into the irregularities in many local authorities and stated that an internal inquiry carried out by his office would be sufficient. In light of recent comments on extending the inquiry again, is it the case that the findings of the internal inquiry warrant the broadening, as originally envisaged by the previous Minister?

Jan O'Sullivan (Limerick City, Labour)
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In accordance with section 255 of the Planning and Development Act 2000, as amended, I appointed MacCabe Durney Barnes to carry out an independent review of planning issues in respect of six of the seven planning authorities that were previously the subject of review by my Department. The planning authorities concerned are Carlow, Cork, Galway and Meath county councils and Cork and Dublin city councils. Planning issues were raised in respect of Donegal County Council and were also previously the subject of review by my Department. However, the High Court made an order in June 2013 quashing the part of my Department's planning review report relating to Donegal following a settlement between my Department and another party who had brought judicial review proceedings in respect of that part of the report. In light of those proceedings, I subsequently sought the advice of the Attorney General on how best to proceed in the case of Donegal. I am currently giving consideration to that advice, which I have received.

The terms of reference require the consultants to undertake a review of planning issues raised in respect of the six planning authorities concerned, particularly regarding the organisation and the systems and procedures used by them in respect of their functions under the Act, having regard to the following key aspects: the extent of consistency of policy translation and implementation within development and local area plans, with particular regard to specific cases, including examining the decision-making process in assessing planning applications and the degree of adherence to the relevant policies in development plan and local area plan policies and statutory planning guidelines, for example, certain EU directives, in informing decisions, and assessing whether the number of cases appealed to An Bord Pleanála and the number of authority decisions reversed indicate poor application of policy contexts for assessing and deciding on planning applications; the processes and procedures followed in the recording and disclosure of information and adjudicating on specific planning applications; recommendations on engagement and co-operation within planning authorities in the context of consistency in decisions and actions taken by planning authorities; and recommendations on the application of development planning policies and national policy and guidance in terms of future planning practices.

The consultants may consult with those persons, with their agreement, who raised the planning issues concerned in order to identify, clarify and understand the planning matters arising that may need to be addressed. The indicative date for the completion of the final report from the consultants is the end of July this year.

Barry Cowen (Laois-Offaly, Fianna Fail)
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I thank the Minister of State for her response, in which she stated that she had initiated an independent inquiry and hired consultants to conduct it on her behalf, but I will repeat my question. When the Minister assumed office he stated that there was no need for such an inquiry and that an internal inquiry would be carried out by his Department. It now appears that, in light of the result of the internal inquiry, the Minister of State believes it is necessary to hold an independent inquiry. This seems to confirm that the previous Minister was right many years ago to initiate an inquiry that the Minister of State now feels is necessary. Have we lost much time because of the difference in opinion between her and the Minister? Will she confirm whether this caused the delay? If not, will she publish the internal inquiry carried out by the Department, as it might enlighten us?

Jan O'Sullivan (Limerick City, Labour)
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It was my predecessor as Minister of State who decided to carry out an internal review, which made useful recommendations. Some have been implemented and others will be implemented in the forthcoming planning Bill, which will also implement the recommendations of the Mahon tribunal report.

The reason we decided to have a further external review was essentially because of the court decision. I took the view following the court decision in respect of Donegal that it was necessary to be clear that the proper procedures were carried out. That is why I have decided, in consultation with my senior Minister, to have a external review carried out on the six other local authorities. We need to take the advice of the Attorney General in respect of Donegal because there are specific legal matters and there have been court cases in the case of Donegal.

Barry Cowen (Laois-Offaly, Fianna Fail)
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The Minister of State has confirmed that it was because of the court case in respect of Donegal that she decided to have an external inquiry. Is that the position?

Jan O'Sullivan (Limerick City, Labour)
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That was one factor.

Barry Cowen (Laois-Offaly, Fianna Fail)
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It had no correlation with the internal inquiry that the Minister initiated on assuming office. Is that so? Has that been concluded? Is there any way that could be published or that the House might be made aware of its findings? The Minister of State is now saying it had no regard to that and that there was nothing emanating from it, if there was such an inquiry at all, when it came to initiating a certain inquiry, which the Minister of State has now confirmed.

Jan O'Sullivan (Limerick City, Labour)
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To clarify the matter, I did not say it had no result. In fact, I said it made recommendations, some of which we have already implemented and some of which we will implement in future. Therefore, it was a useful internal review. It was around practices rather than any suggestion of corruption.

Barry Cowen (Laois-Offaly, Fianna Fail)
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Could we publish the full findings?

Jan O'Sullivan (Limerick City, Labour)
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It was around inconsistencies in practice by planning authorities and it was initiated by the then Minister, Mr. Gormley, on that basis. The review we carried out had exactly the same terms of reference as the review Mr. Gormley initiated. It was not an inquiry, it was a review, which is what Mr. Gormley initiated as well.

One of the factors that arose in carrying out the external review was the court case. There was a suggestion from the people who had originally made the complaints. They were picked more or less at random from a variety of complaints that had been made about planning in previous years. There was a suggestion in respect of the Donegal case that the person who made the complaint should be consulted and that is one of the factors that can now be considered by the person carrying out the review.

Brian Stanley (Laois-Offaly, Sinn Fein)
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In respect of the order of the question, on a point of order-----

Michael Kitt (Galway East, Fianna Fail)
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Please, Deputy, other Deputies wish to get in.

Brian Stanley (Laois-Offaly, Sinn Fein)
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I will be brief. On a point of order, the questions are being ordered in such a way that the Sinn Féin questions are being pushed down to Nos. 17 and 20.

Michael Kitt (Galway East, Fianna Fail)
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It is a lottery.

Brian Stanley (Laois-Offaly, Sinn Fein)
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I want you to take this up with the questions office. I have had one priority question but nothing since that question was answered. It is not Fianna Fáil's fault but Fianna Fáil has had five questions taken. Our oral questions are not getting taken. I want you to take up this. You could say that our ticket is stuck in the bottom of the drum for one month but you cannot say that happens every month. Will you take this up with the questions office and come back to me with an answer? Why have our questions been down at the bottom every month for several months? Why are we are only getting one priority question? It is very unfair.

Michael Kitt (Galway East, Fianna Fail)
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It is an electronic lottery, it is not a drum.

Brian Stanley (Laois-Offaly, Sinn Fein)
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I wonder who programmes it. There is something wrong. I have heard that answer before. There is something wrong with the system. The Sinn Féin questions are down at the bottom every month. We are not getting our questions in and I am objecting to that.

Michael Kitt (Galway East, Fianna Fail)
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I will take it up but I want to make some progress now.

Brian Stanley (Laois-Offaly, Sinn Fein)
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I want a clear answer. I do not want to be fobbed off again.

Michael Kitt (Galway East, Fianna Fail)
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Deputy Ciara Conway's question is next but she is not present.