David Cullinane (Sinn Fein)
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I welcome the Minister of State to the House. I am sure she is aware of the court case that took place in Waterford in which a former Fine Gael town councillor was found guilty of accepting corrupt payments. This is an issue of concern, not only for the people of County Waterford but also for the people of this State. It shows that corruption has not gone away and reinforces the need for all of us to ensure we have proper and robust systems in place to protect the integrity of the planning system. The fact that this former town councillor did not have a vote in respect of the contentious zoning issue that led to the investigation in the first place, and which was at the centre of the individual's having accepted bribes and corrupt payments from a developer, is all the more intriguing. The court case and the subsequent conviction of the former town councillor also raise a number of very serious issues that need to be addressed.

The first and obvious one is in regard to the developer who made corrupt payments to him. There is also the need to clarify why a majority of councillors voted for the planning decision which led to the rezoning of the land in question. We need to have a full and independent inquiry into the motivations behind the decision making which led to that piece of land being rezoned. There is no doubt whatsoever that many of the individuals concerned, perhaps all, who voted for the rezoning did so with the best of intentions. Given that corrupt payments were made to a town councillor in respect of this zoning issue, however, it is important that this matter be investigated fully.

It is also important for us to understand the decision making arrived at by some of the councillors who voted for the zoning of this land. They voted in its favour, against the wishes of the county manager, the planners in Waterford County Council and the Minister for the Environment, Community and Local Government, who subsequently overturned the decision. It is important for those individuals, including the councillors who voted for the rezoning, that we have a thorough inquiry that will reach whatever conclusions it must. It is also important for the people of Waterford, especially those who live in the county, and for the people of this State. In addition, we need to implement the main recommendations of the Mahon report, one of which was that we should have an independent planning regulator so that if there were any contentious rezonings they could be properly regulated.

I was a city councillor for seven years and I know there is pressure on councillors in the context of the formation of development plans and the rezoning of land. People act for the best of reasons, even if it means going against the wishes of a manager. In itself, this does not indicate any wrong-doing. I listened to what many of the councillors who voted in favour of the zoning said and believe them when they state they acted in the best interests of the people of County Waterford. However, given that at least one corrupt payment was made, and to a person who did not even have a vote in the zoning decision, it is reasonable and acceptable that we should have an independent and thorough inquiry into this zoning issue and the decision making involved.

Jan O'Sullivan (Limerick City, Labour)
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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.

David Cullinane (Sinn Fein)
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Unfortunately, I find the Minister of State's response very unsatisfactory. It merely sets out the standards by which local representatives must abide. We are all aware of what those standards are. There was a contentious rezoning issue in Waterford which led to the conviction of a former town councillor and that has not been addressed in a satisfactory way because we have not had a full-----

Jan O'Sullivan (Limerick City, Labour)
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It went to court and there was a conviction. That shows that the system works.

Ned O'Sullivan (Fianna Fail)
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Has the Senator a specific question?

David Cullinane (Sinn Fein)
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My question is that we have not had a full and thorough investigation into the decision making which led to the rezoning of that land. It is not good enough to say there was an investigation and a conviction. We have to ensure that we examine all the issues which led to the rezoning of this land, especially in the context of a number of public representatives from within the Fine Gael Party who are using this issue as an opportunity to score political points. That is not helpful.

Ned O'Sullivan (Fianna Fail)
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The Senator has gone over his time.

Jan O'Sullivan (Limerick City, Labour)
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If there is any evidence, the Senator should bring it to the attention of the appropriate authorities.

Ned O'Sullivan (Fianna Fail)
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I ask the Senator to conclude.

David Cullinane (Sinn Fein)
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What we need to do - this is in the interests of those councillors who voted in favour of the rezoning - is to ensure that this investigation goes ahead.

Ned O'Sullivan (Fianna Fail)
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I ask the Senator to resume his seat.

David Cullinane (Sinn Fein)
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There are many questions that need to be answered. If the Government brushes this issue under the carpet-----

Jan O'Sullivan (Limerick City, Labour)
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It is not brushing anything under the carpet.

Ned O'Sullivan (Fianna Fail)
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Senator Cullinane, please resume your seat.

David Cullinane (Sinn Fein)
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There is nothing in the response here-----

Jan O'Sullivan (Limerick City, Labour)
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It was a case where there was a conviction.

Ned O'Sullivan (Fianna Fail)
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The Senator cannot ignore the Chair; I asked him to resume his seat. He has had good innings

David Cullinane (Sinn Fein)
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-----which demonstrates that the Government is serious about this issue.

Jan O'Sullivan (Limerick City, Labour)
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It is not right to suggest impropriety without evidence.