Thomas Byrne (Fianna Fail)
Link to this: Individually | In context

I thank the Cathaoirleach for allowing me to raise this matter. It is a complex issue which has had serious consequences for Meath County Council and local authorities throughout the country. It must be addressed by the Government to ensure it cannot happen again although fault does not lie with the Government. In 2006 Meath County Council sought to sell some land in Ashbourne zoned C1 which meant it could be used to provide for and facilitate mixed residential and business uses. As part of the sale, Meath County Council produced a brochure outlining the piece of land concerned. Included in the brochure was a commitment to construct a distributor road within the confines of the existing site. The road was to link the site of the Ashbourne town centre development, thus maximising the potential of the site. Eventually Darlington Properties bought the site from Meath County Council under the proviso that the distributor road would be built. Meath County Council admitted in various correspondence that the road would enhance potential. In fact, without the distributor road planning permission would have been difficult to achieve.

Prior to May 2007 representatives of Darlington Properties visited the site and noted construction work taking place on the site where the road was due to be built. It turns out that Meath County Council gave planning permission to another company subsequent to the planning permission granted to Darlington Properties. It obviously caused difficulties for Darlington Properties and the matter ended up in the High Court. In the case brought by Darlington properties, a judgment of more than €4 million was awarded against the county council. This matter is obviously of serious concern to the citizens, elected members and all the staff of Meath County Council. Mr. Justice Kelly was not very polite in his judgment in the High Court, to say the least.

A report has been made by a former county manager, Mr. John Quinlivan, and another individual which made a series of recommendations. I would like to know the view of the Minister on them, in terms of how they relate to the rest of the country. I would like the Minister to comment in particular on the fact that Meath County Council will not accept all the recommendations, in particular the decision of the manager not to assume full executive responsibility for planning matters. I would like to know what the Minister proposes to do in the future.

When county councils and local authorities make serious errors of judgment or mistakes, elected members seem to lack the ability to challenge them because they are afraid if they say anything to officials, jobs may not be done in their electoral areas or there might be some fall-out. I thank the Minister for coming to the House.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
Link to this: Individually | In context

I thank the Senator for raising this important matter. I am aware of the background to the High Court case regarding property in County Meath to which he alluded. The Department of the Environment, Community and Local Government recently received the report into the matter which was made on behalf of Meath County Council by Mr. Gerry Kearney, a former Secretary General of the Department of Community, Rural and Gaeltacht Affairs, and Mr. John Quinlivan, a former county manager in Louth.

I was very concerned when I learned of this case, which involved a significant financial judgment of some €4 million against Meath County Council. I understand the council will appeal the size of the award to the Supreme Court. I welcome the report into the matters which gave rise to the court case. The authors have carried out a very detailed analysis of the circumstances which led to the case and which influenced its eventual outcome.

The report examined the systems, procedures and governance structures in place in Meath County Council and in the planning department, in particular. In this regard, the report's findings highlight a number of serious deficiencies and provide a number of corresponding recommendations for remedial action. I am studying the recommendations in the light of what the Senator said and assure him I will enter into discussions, through my Department, with Meath County Council and all local authorities to ensure the recommendations are consistent across the board in the local government system.

As Minister with responsibility for local government, I am obviously perturbed by the report's findings. It will be very important that Meath County Council acts quickly to resolve the deficiencies identified. While the response to the report is a matter for the council in the first instance under the Local Government Act 2001, my Department has written to the county manager seeking an early and full report on proposals to act on the recommendations in the review. Subject to this response, I will consider what further actions may be required. I will also write to Meath County Council to get a report of the meeting held last Tuesday evening to consider the report by elected members. I am anxious to hear their observations-----

Thomas Byrne (Fianna Fail)
Link to this: Individually | In context

There was not much criticism.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
Link to this: Individually | In context

I did not receive a report. I was not at the meeting. I am seeking-----

Thomas Byrne (Fianna Fail)
Link to this: Individually | In context

I am just advising the Minister of the position.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
Link to this: Individually | In context

The Senator might be closer to what might be happening in Meath County Council than I am, but as Minister for the Environment, Community and Local Government I am asking for a report of the meeting to see what was said and what conclusions were reached by the elected members on foot of that report. Full responsibility for the implementation of policy in local government rests with the county manager.

In any walk of life there has to be accountability and responsibility has to be taken for matters as serious as the ones that have accrued in this case, which has resulted in the taxpayer having to foot the bill, subject to appeal, of €4 million. Deficiencies were identified in the report carried out by two eminent public servants. On foot of the responses I will receive from the county manager and the consideration of the report this week by elected members, I will be in a position to make a decision about what will happen in regard to taking responsibility, in terms of what action is necessary in respect of the mistakes or deficiencies in the system or responsibility for the actions taken by Meath County Council.

I hope I will be able to get a full account of all the circumstance that led to the outcome of the report being so negative in respect of Meath County Council.

Thomas Byrne (Fianna Fail)
Link to this: Individually | In context

I thank the Minister for his reply. A concern was that the manager had proposed not to implement the recommendation relating to his executive responsibility. However, my biggest concern was that the recommendation had been made by Mr. John Quinlivan, a very experienced county manager who ran a very large urbanised local authority which would have had a large number of planning cases with which to deal. I knew from my father's experience on Drogheda Borough Council that Mr. Quinlivan knew every paperclip on his and everyone ele's desk in the local authority system. I am sure Senator D'Arcy will attest to the fact that he knew everything that was going on. If the recommendation is his, it should be accepted and taken seriously.

I apologise for what I said at the start of my speech. However, this is a very serious matter and taxpayers are concerned. I am delighted that the Minister is looking at it very seriously.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
Link to this: Individually | In context

I am taking it seriously. I am seeking explanations for how these situations arose. While I have seen the response of the county manager in the media, I have not received a response in writing to my Department in respect of the cherrypicking of some of the recommendations made in the report. People in that position must be responsible and accountable to the taxpayer, the elected members and the State for decisions made. I know from personal experience that these matters are important. I look forward to studying very carefully the explanations requested from the county manager and Meath County Council.