Eoin Ó Broin (Dublin Mid West, Sinn Fein)
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52. To ask the Minister for Housing, Planning, and Local Government if the terms of reference for his senior-counsel-led report on alleged conflicts of interest at An Bord Pleanála cover all three sets of issues now in the public domain; and if he will make a statement on the matter. [22550/22]

Eoin Ó Broin (Dublin Mid West, Sinn Fein)
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As the Minister knows, there have been a number of very serious allegations of potential conflicts of interest made in the public domain against an individual member of An Bord Pleanála. My question relates not specifically to the allegations, because I realise the Minister is not in a position to comment on those, but to the terms of reference for the senior counsel review that the Minister has commissioned. Can he confirm that those terms of reference relate to all the allegations of potential conflicts of interest in the public domain? Will he share and discuss them with Opposition spokespeople before he finalises them, which I understand he is due to do imminently?

Darragh O'Brien (Dublin Fingal, Fianna Fail)
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I am aware of the allegations that have been made. I understand they are denied by the board members specifically. It is important that we say that. I have appointed a senior counsel, Mr. Remy Farrell, to provide a report to inform my consideration of the matter. Any allegations of this nature, be they related to individuals or the process, must be taken very seriously. We have done so in advance of the recent public commentary on this. The terms of reference, to which the Deputy referred, and the timelines for the report are nearing finalisation. I will publish them. It is right that we do so and that people have sight of them.

I understand the Office of the Planning Regulator, OPR, has independently written to the chairperson of An Bord Pleanála requesting the chairperson to outline the systems and procedures that An Bord Pleanála has in place to ensure effective compliance with all statutory duties provided in sections 147 and 148 the Act and any other matters that the office deems relevant. The board is independent in its performance of its functions under the planning Act. We have to guard that independence. Pending the outcome of the considerations, I am not going to make any further comment, but I assure the Deputy and others who have shown an interest in this that the terms of reference will be published and shared when concluded, which will be very soon or in a matter of days. We need to let the senior counsel proceed with his time-bound work. I want it focused; I do not want it to drag on. I want this examined so we can deal with this issue efficiently and expeditiously.

Eoin Ó Broin (Dublin Mid West, Sinn Fein)
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In order for An Bord Pleanála to fulfil its functions, it has to have the confidence of the public. It is the view of many of us that this confidence has been eroded over the past several years, in part because of some very controversial decisions in contravention of local city and county development plans and, in many cases, the advice of its own inspectors. This has led to the extraordinary situation of Dublin City Council being forced to take judicial reviews on two occasions, with respect to both St. Anne's Park and Salesforce in the docklands, to defend the democratic integrity of the development plan and the strategic development zone there. Therefore, I fully support the Minister in expediting this matter as quickly as possible to restore full public confidence. Can he confirm that the terms of reference will cover all the allegations currently in the public domain? I am not asking him to comment on them but to state that the terms of reference of the senior counsel review will be broad in that nature.

Darragh O'Brien (Dublin Fingal, Fianna Fail)
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I assure the Deputy that they will be. He will see that very shortly, or in a matter of days, when we publish them. The work is now being concluded. It is important that the public have confidence in the board. We all have a responsibility to ensure this is the case. The Government has made significant changes to the planning process by reinstating a two-stage process that starts in the local authorities through the large-scale residential developments legislation. The strategic housing developments are no more. Those that are just working through the system will conclude because they have started. That is a very significant step forward.

I have approved an additional 42 posts in An Bord Pleanála to make sure it is resourced. I am considering a further workforce plan in conjunction with the Minister of State, Deputy Peter Burke, to determine what additional resources can be put in place. We want this done quickly. The terms of reference are broad enough to cover any of the matters in the public domain right now. I am happy to share them. We will publish them because we need transparency in this process.

Eoin Ó Broin (Dublin Mid West, Sinn Fein)
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I thank the Minister for that. One of the most important recommendations of the 2016 review of An Bord Pleanála that is as yet unimplemented is the recommendation that all future appointments to the board be made through the Public Appointments Service. Particularly in the current context, it would be a very wise move. Could the Minister commit to doing that during his time in office?

Given that the last internal report initiated by one of the Minister's predecessors into allegations of planning impropriety, the Mulcahy report into certain planning matters in Donegal, still has not been published, will the Minister commit to publishing it and, crucially, the report of the senior counsel review into the matters concerning An Bord Pleanála? I fully welcome and support the Minister's commitment to transparency. It is many years since Mr. Gerard Convier won his High Court cases with respect to allegations of planning impropriety in Donegal; yet the report, which is on the Minister's desk and has been inherited from two of his predecessors, still has not been published. Transparency would dictate that the Minister publish it. Could he give a commitment in that regard and a commitment to publishing his own commissioned report on these matters concerning An Bord Pleanála?

Darragh O'Brien (Dublin Fingal, Fianna Fail)
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There are a number of reviews happening. I wish to refer also to the Attorney General's review of the planning code and a revised system for board appointments. That is really important. This is the most extensive review of the planning system, and we are working through it. I see that the Chairman of the joint committee, Deputy Matthews, is present. The committee will be involved. About five years' work is being done in nine months. With the support of the committee, I expect to bring a consolidated planning Bill forward later this year because changes need to be made. It will also cover the area of board appointments.

With regard to the publication of any-----

Eoin Ó Broin (Dublin Mid West, Sinn Fein)
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I do not wish to cut across the Minister but am wondering whether that involves a "Yes" or "No" on committing to implementing the specific recommendation of the An Bord Pleanála review.

Darragh O'Brien (Dublin Fingal, Fianna Fail)
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All of that will be considered. The OPR review will be carried out as well. The OPR review is being conducted by Mr. Niall Cussen. We must not proceed in a piecemeal fashion but in a consolidated manner.

Eoin Ó Broin (Dublin Mid West, Sinn Fein)
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That is a maybe.

Darragh O'Brien (Dublin Fingal, Fianna Fail)
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I need to let the senior counsel, Mr. Remy Farrell, start and conclude his work. That has not started yet. We do not know what the outcome will be, so I will not say anything further about what will happen with the report in the future; suffice it to say that the Government takes the situation very seriously. That is why it acted proactively. I welcome the Deputy's remarks in support of the process under way. We will publish the terms of reference in a matter of days.

Eoin Ó Broin (Dublin Mid West, Sinn Fein)
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Will the Minister publish the Mulcahy report?

Darragh O'Brien (Dublin Fingal, Fianna Fail)
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I will take note of what the Deputy has said. We will come back to him in due course.