Bernard Durkan (Kildare North, Fine Gael)
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Question 581: To ask the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the fact that unauthorised development files are only accessible under the Freedom of Information Act; and if he will make a statement on the matter. [21314/05]

Dick Roche (Wicklow, Fianna Fail)
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The Planning and Development Act 2000 requires planning authorities to include on the planning register particulars of any enforcement notice issued, including the date of the notice and whether it has been complied with or withdrawn, as appropriate, and of any subsequent decisions on enforcement made by the authority, including the reasons for them. Furthermore, under section 154 of the Act, anyone who makes a complaint will be notified by the planning authority of its decision to proceed or not to proceed with enforcement action.

I am satisfied that there is a case for protecting the confidentiality of complainants and the reports of the planning authority during the deliberative process. Subject to these points, however, I will consider at the next available opportunity whether to extend the public access provisions of section 38 of the Planning and Development Act 2000 beyond planning application files to local authority planning enforcement files.