Jan O'Sullivan (Limerick City, Labour)

I thank Senator Cullinane for raising this very important issue. A specific matter in regard to the operation of the planning function in Waterford, involving one elected member, has been dealt with by the courts. I am not otherwise aware of any wider prima facie evidence that would merit the establishment of an investigation in respect of this planning authority. In any event, where there is any evidence of corruption, as in this case, it should be brought to the attention of An Garda Síochána for investigation of the matter and to determine if a prosecution is warranted in a particular case. If any person has such evidence I suggest he or she brings it to the attention of the Garda.

The ethics framework for local government, which applies to both elected members and employees, is provided for in Part 15 of the Local Government Act 2001 which came into effect on 1 January 2003. The legislation is supplemented by two codes of conduct, one each for members and employees, that were issued by the Minister in 2004. Under the framework, it is the duty of each member and employee, inter alia, to maintain proper standards of integrity, conduct and concern for the public interest, to observe certain procedural requirements, and to have regard to and be guided by the relevant code of conduct. The codes stress the importance, among other things, of members and officials acting with propriety and transparency in regard to the planning system.

Where there is a possible breach of the framework, this should be brought to the attention of the local authority's ethics registrar, who in turn is required to bring it to the attention of the manager and-or the cathaoirleach. The manager and-or the cathaoirleach is required to consider what action should be taken. This could include taking disciplinary measures, referring the matter to the Director of Public Prosecutions or referring the matter to the Standards in Public Office Commission under the Ethics in Public Office Acts. In proceedings under the Prevention of Corruption Acts 1889 to 2010, where there is proof that certain persons in public office have received moneys or other benefit from a person who has an interest in the outcome of their decisions, including planning decisions, there is a presumption that such payments were given and received corruptly.

With regard to the planning system generally, Members will be aware that I recently published the findings and recommendations of the planning review of a number of local authorities, and I will be appointing an independent planning expert to examine a number of themes arising from the review. The Government is fully committed to the highest standards in all aspects of the planning system, and in the coming weeks a whole of Government response to the recommendations of the Mahon tribunal will be published. I assure Senator Cullinane that will include the recommendation in regard to an independent planning regulator.

I again stress that if anybody has any evidence of suspected corruption with regard to planning or any other matter that is appropriate to the Garda Síochána, he or she should bring it to its attention.