Seanad debates

Tuesday, 24 April 2012

Report of Tribunal of Inquiry into Certain Planning Matters and Payments: Statements

 

2:00 pm

Photo of Caít KeaneCaít Keane (Fine Gael)

I welcome the Minister of State to the House to discuss this important report of the Tribunal of Inquiry into Certain Planning Matters and Payments. It is important this House provides the necessary time to consider a report of such profound significance for the fundamentals of politics, planning and public life in Ireland. The publication of the report last month has brought to finality a process that began in November 1997, when the tribunal of inquiry was established in response to serious public concern in respect of allegations of corruption relating to the planning process, in particular in so far as this related to the Dublin area.

It has been a long and protracted process that has taken 15 years to complete and has cost in excess of €250 million. That being so, I believe we can all agree that the workings of the tribunal have had a profound and formative influence on the planning system in Ireland. The Minister of State commended the judges who took part in the tribunal and I join her in that. The tribunal has established the truth in a way no other investigation into planning corruption has ever done. I want to put on record that I accept all the findings of the tribunal unequivocally.

Some have complained about the delay in finalising the tribunal report. I know we had a referendum as to whether there is a better way to investigate systems when things go wrong. We saw what was done by the Committee of Public Accounts and the money this brought in to pay for its investigation. The tribunal has done good work and is to complimented. There should be ongoing scrutiny of all issues, however, and there should be a cost-effective way of doing it. I ask the Minister to consider this.

Corruption in Irish public life, which we now know on foot of this report was both endemic and systemic, affected every level of Government from some holders of top ministerial offices to the many local councillors who were mentioned. The report made adverse findings against elected representatives at every level of elected office from county council level to the office of Taoiseach, including two taoisigh from Fianna Fáil, Senators, Deputies and a European Commissioner, again from Fianna Fáil. Is it any wonder people do not trust politicians? It is a sad day that politics and politicians have been brought into disrepute. Senator Averil Power said it involved people from all parties but, as she recognised, it was Fianna Fail in office which really brought disrepute to the system and damaged confidence. I know there are many in Fianna Fáil, such as Senator Power and others, who are saddened to see that all three individuals who led Fianna Fáil from 1979 until May 2008, all of whom held the office of Taoiseach, have now been the subject of adverse findings by tribunals of inquiry, be it the beef tribunal, the Moriarty tribunal, whereby Deputy Lowry was thrown out of Fine Gael, or the Mahon tribunal.

Senator Averil Power referred to the Moriarty tribunal. I am keen to see one of the suggestions made at the end of the Mahon tribunal's report implemented. If people in politics are found to be tainted, they should not be afforded the same services as others with regard to meeting Ministers and so on, even if they are re-elected. I call on the Minister to re-examine the matter in the case of people in my party and others and that of people who were expelled from parties and re-elected. Such action must be considered.

The reports of the planning tribunal have far exceeded what many thought possible when the tribunal was established. They set out clearly how the planning process in Dublin in the 1980s and 1990s was undermined and corrupted by several developers and some councillors who sought to enrich themselves. I was a member of Dublin County Council at the time and party to the decisions on the rezonings in question. I was newly elected in 1991 when they were made. I was concerned about them, but I had no proof of anything. I was not a member of Mary Muldoon's party at the time. No one came to me to explain that some people were being paid for their vote and to ask whether I was being paid. No one asked me these questions. I can say that much with hand on my heart. One had to make up one's own mind. One must be sensible. I am pleased with the tribunal which has rooted out corruption in planning. I was concerned at one stage when I saw a cheque being waved in the air, but there was no proof. There was no preliminary investigation at the time into the suggestions and innuendos made. This left councillors such as me in the lurch. If something had been thrown out into the open, perhaps many people might not be in trouble now.

Tribunals must possess political and financial independence and enjoy public trust and confidence. The report's findings merit full consideration by all relevant organs of State. The Government has brought the findings of the report to the attention of the relevant authorities, including the Garda Commissioner, the Director of Public Prosecutions, the chairman of the Revenue Commissioners and the chairman of the Standards in Public Office Commission. The Minister of State has outlined what she and her Department, as well as the Minister responsible, Deputy Phil Hogan, are doing.

I understand the report was the subject of an initial consideration by the Cabinet on foot of which all relevant Ministers were asked to consider the recommendations which fell within their remit. The Minister responsible, Deputy Phil Hogan, stated last month that the initial consideration was to be completed by the end of April or early May and that the Government would return to the issue collectively. The Minister of State has indicated what she is doing. I am keen to hear an update on the collective view of all Departments involved.

There can be no doubt that the findings of the report have done significant damage to the reputation of and the level of public trust in the political system. However, in vigorously condemning the corruption, abuse of office and significant ethical lapses disclosed in the tribunal's report and taking all necessary and appropriate steps to prevent their recurrence, it is imperative that we do not fall victim to pessimism and despondency with regard to ethical standards in the public service and among the holders of public office. This was properly characterised in the tribunal's report as the mistaken assumption that everyone was doing it. I was a member of Dublin County Council and everyone was not doing it. People in every party, including Fianna Fáil and Fine Gael, were not doing it. It is sad some have given politics such a bad name. Perceptions such as this lead to a culture of pessimism and cast a dark shadow over the way in which our democracy operates. The corruption that took place in the past must never be allowed to recur. The Minister of State and the Minister have outlined some of the steps being taken to prevent history from repeating itself in this context.

As long as there are outside bodies involved in political funding, politicians may leave themselves open to accusations of engaging in inappropriate actions by accepting funding at election time or at a later date. There has been a major discussion on this issue. It is a difficult matter, but everyone must take personal responsibility. Everyone should not make mistakes and should ensure he or she does not find himself or herself in the position in which some councillors and ex-councillors now find themselves having accepted inappropriate contributions.

I commend the Government for the progress made during its first year in office and in advance of the publication last month of the tribunal's final report. This demonstrates the Government's determination to minimise the risk of a repetition of some of the occurrences on which the tribunal made findings. Planning is an issue that pervades the tribunal's work and analysis. I welcome the systemic transformation of the planning system in recent years undertaken, albeit belatedly, by the last Government, as Senator Averil Power remarked. Reform is continuing under the Minister of State, Deputy Jan O'Sullivan, and the Minister for the Environment, Community and Local Government, Deputy Phil Hogan, who should be commended for their work. The planning review announced by the former Minister for the Environment, Heritage and Local Government, Mr. John Gormley, was intended to assess the application of planning legislation, policy and guidelines within development plans. The Minister stated the cases involved were being considered and that a report would be finalised in May. The Minister of State will issue a public statement on the matter, including details of further actions necessary. Senator Averil Power is wrong in this regard. I imagine the Minister of State will come back to the point in her concluding remarks.

The programme for Government made clear the intentions of the Labour Party and Fine Gael in the matter of the reform of political funding. This was before the Moriarty and Mahon tribunal reports were published. The Electoral (Amendment) (Political Funding) Bill 2011 is one of the Government reforms and the Minister has referred to what needs to be done and further actions need to be taken. The Government is also developing whistleblower legislation. The Minister of State has outlined what the Government is doing in this regard.

The findings of the Mahon tribunal are totally negative and unacceptable with regard to the practices engaged in in the past, as evidenced by the Government's response. We must review the case for deepening and intensifying various reform commitments contained in the programme for Government which could help to deal decisively and definitively with some of the legislative gaps and regulatory weaknesses that permitted these abuses to occur. I hope the report of the Mahon tribunal leaves behind an era of corruption that will never be repeated. Senator Averil Power has admitted to this. I believe her party has seen the light and that some of the newer and senior members have accepted this. It should be acknowledged that certain members were thrown out of her party.

The Mahon tribunal's report provides us with the recommendations and guidance that can help us along the road not only to economic but ethical recovery. It is our responsibility to try to restore hope and confidence in the country and restore the trust that people should have in public institutions and representatives. We must earn that respect by our words and actions and have systems and people in place who enjoy the respect and allegiance of all the people.

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