Joe Higgins (Dublin West, Socialist Party)
Link to this: Individually | In context | Oireachtas source

There have been the most serious irregularities in the assembly of the site for significant public offices which are now occupied by the Department of Social Protection and the Revenue Commissioners in Anne Street, Wexford. That assembly took place over a 20-year period from 1983. I was made aware of the issue as far back as 2008 and I have investigated it at different times in the years since. My concern has grown significantly. I have engaged in significant correspondence with State bodies, including Wexford Borough Council and the Revenue Commissioners, but I have not received satisfactory answers. Deputies Maureen O'Sullivan and Finian McGrath have equally made inquiries to agencies such as the Office of Public Works and I understand that no satisfactory explanation has been forthcoming.

I am satisfied that there are serious unanswered questions and anomalies surrounding the assembling of this site involving public bodies. The site was funded by taxpayers and there must be full transparency by the public bodies involved in how taxpayers' money was spent and in the methods of the assembly of that site where we have substantial government offices. The issue is complex and convoluted but documents that I have seen are prima facieevidence of very serious irregularities, giving rise to serious unanswered questions by public bodies in the matter of the assembly of the site. This irregularity has had a serious detrimental effect on the lives of innocent individuals and caused an injustice to them and to their civil and human rights, so it is critical that the answers are provided.

I do not lightly raise instances of specific wrongdoing or irregularities and I have only very rarely done so since I came into the Dáil. I did so in 2005 with regard to the multinational Gama construction company, alleging very serious irregularities after careful scrutiny. Those allegations were greeted with incredulity but, upon examination, they stood up and a lot more wrongdoing was uncovered as result of my standing in this spot to make those revelations. Wexford Borough Council and the Office of Public Works must disclose all the facts about this development and put them into the public domain.

The putting together of this site for public offices was concluded in the late 1990s. Given the complex nature of how this site was assembled, I believe a commission of investigation set up under the Commissions of Investigation Act 2004 is the appropriate mechanism, not a tribunal and not a Garda inquiry but a specific and targeted commission of investigation inquiry. From the documentation I have seen, and in consonance with the legislation where people of concern would be consulted about the terms of reference and the evidence, I believe very tight but comprehensive terms of reference could be quickly assembled and I ask the Minister for the Environment, Community and Local Government to begin the process, even in the dying days of this Dáil.

Ann Phelan (Carlow-Kilkenny, Labour)
Link to this: Individually | In context | Oireachtas source

I thank the Deputy for raising this issue and assure him that how taxpayers' money is spent is extremely important and should be open and transparent. At the outset, I wish to clarify that the Minister for the Environment, Community and Local Government has no direct responsibility for, or involvement in, the assembly of land by local authorities for the purpose of the provision of offices for Departments or other offices of the State. Section 213(2)(a) of the Planning and Development Act 2000, as amended, provides that a local authority may for the purposes of performing any of its functions, including giving effect to or implementing its development plan, acquire land by agreement, or in certain circumstances, compulsorily.

In this case, I understand that the Office of Public Works acquired two sites from Wexford Borough Council in the 1990s. These sites now accommodate Government offices in Anne Street. One of these sites was acquired by way of an agreement with Wexford Borough Council dated 22 May 1995 for IR£145,000. The other site was acquired by the OPW from Wexford Borough Council under agreement dated 2 January 1997 in exchange for a site owned by the OPW in King Street. The site transferred to the OPW had been assembled by Wexford Borough Council by compulsory purchase order. The OPW was not a party to the assembly of these sites, which were bought directly from Wexford Borough Council.

Therefore, if there are issues with the manner in which these sites were assembled by Wexford Borough Council, they should be raised in the first instance with its successor Wexford County Council.

It might be helpful in this regard if I set out some of the key elements of the ethical framework for local authorities. Part 15 of the Local Government Act 2001 provides an ethics framework for both elected members and officials working in local government. The ethics framework imposes a statutory duty on all in the service to maintain proper standards of integrity, conduct and concern for the public interest. Section 171 of the Act obliges elected members to prepare and furnish to the ethics registrar an annual written declaration containing particulars of their "declarable interests". Section 174(8) of the Act requires that the chief executive and-or the cathaoirleach of a local authority consider what action should be taken on becoming aware of a possible contravention of the ethical framework. This action can include investigative or disciplinary procedures considered appropriate in the circumstances and-or referral of the matter to the Standards in Public Office Commission, SIPO. SIPO is an independent body which reports to the Minister for Public Expenditure and Reform. While the functions of SIPO are mainly inquisitional, the commission has the power under section 24(2) of the Ethics in Public Office Act to refer cases to the Director of Public Prosecutions where it is of the opinion that an offence may have been committed.

Joe Higgins (Dublin West, Socialist Party)
Link to this: Individually | In context | Oireachtas source

I am grateful to the Minister for outlining the responsibilities of Wexford Borough Council in the assembly of this site. Unfortunately, however, she did not answer the specific request I made in this Topical Issue, which is that a commission of investigation is required to unravel serious irregularities in the assembly of the site. Even if what the Minister of State says about the Minister for the Environment, Community and Local Government's responsibilities holds, that does not preclude the Minister from acting under the law. I am obliged to a Law Reform Commission report which informs me that a commission of investigation may be established by the Government, based on a proposal by a Minister with the approval of the Minister for Finance, to investigate any matter considered by the Government to be of significant public concern. Happily, the head of the Government, the Taoiseach, Deputy Enda Kenny, is sitting beside the Minister of State as I speak. He is now informed of the serious concern I have raised about irregularities which have seriously affected the economic and social rights as well as the livelihoods of innocent people.

What the Minister of State outlined with regard to the Ethics in Public Office Act is not sufficient. I have examined this. It is complex, even Byzantine, but it must be investigated. I call on the Minister of State, the Minister for the Environment, Community and Local Government and the Taoiseach to take what I am saying seriously. It will be confirmed when it is examined, and they should not be found negligent by not assisting in seeking the answers that are badly needed in respect of this issue.

Ann Phelan (Carlow-Kilkenny, Labour)
Link to this: Individually | In context | Oireachtas source

I reiterate what I said earlier. If there are issues with the manner in which these sites were assembled by Wexford Borough Council, they should be raised in the first instance with its successor, Wexford County Council. However, I undertake to speak to my line Minister, Deputy Alan Kelly, and I will refer back to the Deputy with a reply.

Brian Walsh (Galway West, Independent)
Link to this: Individually | In context | Oireachtas source

I would be happy to take Leaders' Questions but the Standing Orders do not allow me to do so. We will wait for the Ceann Comhairle to join us.

Micheál Martin (Cork South Central, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

Deputy Buttimer might volunteer.