Dáil debates

Thursday, 11 June 2015

Ceisteanna - Questions - Priority Questions

Planning Issues

9:40 am

Photo of Brian StanleyBrian Stanley (Laois-Offaly, Sinn Fein)
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2. To ask the Minister for Environment, Community and Local Government the terms of reference for the inquiry into planning matters in County Donegal which he has established and if such an inquiry will be in a position to question current and former members of Donegal County Council. [22067/15]

Photo of Brian StanleyBrian Stanley (Laois-Offaly, Sinn Fein)
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My question concerns the terms of reference of the inquiry into planning matters into Donegal. Will the inquiry be in a position to question current and former members and current and former staff of Donegal County Council?

Photo of Alan KellyAlan Kelly (Tipperary North, Labour)
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On 14 June 2013, the High Court made an order quashing that part of my Department's planning review report of 2012 relating to Donegal following a settlement between my Department and the party concerned who had brought judicial review proceedings in respect of that part of the report. The matter has been disposed of to the satisfaction of both sides. In light of these proceedings, my Department subsequently sought the advice of the Attorney General on how best to proceed in the case of issues raised relating to planning matters in Donegal.

I have now considered what next steps need to be taken in this regard, taking account of advice from the Office of the Attorney General. In that context, my Department is finalising arrangements for the imminent appointment on a non-statutory basis of a senior counsel nominated by the Attorney General to prepare a report relating to the matters concerned. This report will be prepared in line with terms of reference which have been agreed in consultation with the Attorney General's office.

The arrangements involved in the preparation of the report will be announced in due course. It will be a matter for the appointed senior counsel to determine how best to undertake the preparation of the report relating to these matters, including engagement with any relevant persons. I would expect that the same person will engage with all relevant parties in order to deal with this issue in a satisfactory way.

Photo of Brian StanleyBrian Stanley (Laois-Offaly, Sinn Fein)
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The Minister said he was about to appoint a senior counsel to examine the irregularities complained about in Donegal and that this would be done on a non-statutory basis. The consultants examining the other six counties under scrutiny were appointed on a statutory basis, so why is this being done on a non-statutory basis? The Minister said he was in discussions with the Attorney General about the terms of reference, that the senior counsel would put those together and that they would be published, but the terms of reference for the senior counsel heading this up are of the utmost importance. There could be very different outcomes depending on the terms of reference and the areas that are looked at. Can the Minister also tell us what authority the senior counsel will have to call and question former officials and relevant persons who are the subject of complaints and who have now finished their employment with Donegal County Council?

Photo of Alan KellyAlan Kelly (Tipperary North, Labour)
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I have no reason to believe that the senior counsel will not get the full co-operation of everyone. I am satisfied that proceeding on a non-statutory basis is probably the most efficient and quickest way of dealing with this. I note that there was full co-operation relating to the previous review, even though this report was then the subject of High Court proceedings. In the unlikely event that there is some issue with co-operation, I have no issue reconsidering it and putting it on a statutory basis, but I want to get this done as quickly as possible so we can get to the bottom of the issues once and for all.

My Department is currently engaging with senior counsel nominated by the Attorney General. Obviously there is a lot of preparatory work to be done, and a fee proposal relating to the work is imminent. Subject to agreement on that, we will be in a position to announce the person who will carry out the review.

Photo of Brian StanleyBrian Stanley (Laois-Offaly, Sinn Fein)
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I thank the Minister for that reply, but I must say that people who are no longer in the employment of the council may not feel as compelled to co-operate with any inquiry. Any investigation that does not question these individuals would not be of much use.

A number of serious allegations have been made by a former planner, Gerard Convie. A total of 20 cases have been sent to the Department. Will the inquiry investigate those cases? Serious allegations are also being made in respect of the Greystones area in Wicklow. Will there be any investigation into them?

We were promised that the office of the planning regulator would be established, as recommended by the Mahon tribunal. When are we likely to see this?

Photo of Alan KellyAlan Kelly (Tipperary North, Labour)
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The legislation for the office of the planning regulator will be coming through in the autumn. Subsequent to the passing of that legislation, the office will be put in place, which is something I presume the Deputy welcomes.

The case of Wicklow is under thorough consideration by my Department and I expect to be able to make some comments on that in the very near future. The Deputy knows that I cannot go into the allegations to which he referred, but the process we are putting in place will ensure that it is dealt with as efficiently and quickly as possible. As the Deputy is aware, it has been going on for some time. I believe that what we have put in place is the best way of dealing with it. Of course, we will constantly review it, but we are expecting full co-operation from all those involved. My Department has already written to the chief executive of Donegal County Council advising him of the appointment of a senior counsel. As soon as the contract is signed and the senior counsel is in place, we will ensure everybody is written to as part of this process.