Róisín Shortall (Dublin North West, Labour)
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Question 401: To ask the Minister for the Environment, Heritage and Local Government the extent to which members of An Bord Pleanála are subject to ethics legislation, annual declarations of interest and restrictions in remunerated activities other than their employment with the board; and if he will make a statement on the matter. [15113/08]

John Gormley (Dublin South East, Green Party)
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Section 106 the Planning and Development Act, 2000 provides that members of the Board are appointed in a whole-time capacity and may not hold any other office or employment during their term of office. In addition, section 147 of the Act provides that Board members are required to make disclosures and declarations of certain interests at least once a year, and section 148 debars a member from taking any part in discussions or voting on any matters in which they have a pecuniary or other beneficial interest.

Section 150 of the Act requires that An Bord Pleanála adopt a code of conduct for members and employees. This statutory code requires that members of the Board carry out their work in an independent manner that embodies the public service ethos of integrity, impartiality and a desire to serve the public interest while giving due consideration to all legitimate viewpoints and interests. The Code also provides that no member shall accept emolument for any outside employment, consultancy or advisory service other than with the written consent of the Chairperson.

Board members are also subject to the requirements of the Ethics in Public Office Acts, 1995 and 2001, and, as holders of designated directorships, are subject to an annual disclosure of registrable interests to the Standards Commission.

The Department of Finance Code of Practice for the Governance of State Bodies requires Board members to make annual statements concerning their interests.

Róisín Shortall (Dublin North West, Labour)
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Question 402: To ask the Minister for the Environment, Heritage and Local Government the extent to which senior planning officials in local authorities are subject to ethics legislation, annual declarations of interest, and restrictions in remunerated activities other than their employment with the local authority; and if he will make a statement on the matter. [15114/08]

John Gormley (Dublin South East, Green Party)
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Under Part 15 of the Local Government Act 2001, local authority employees are—

(a) required to maintain proper standards of integrity, conduct and concern for the public interest;

(b) required to submit an annual declaration of interests and to disclose a beneficial interest in any matter arising in the course of their duties; and

(c) prohibited from seeking to influence any matter in which they have a beneficial interest or from seeking or accepting a reward or other favour in respect of anything done or not done in the course of their employment.

Regulations made under Part 15 of the 2001 Act apply the above provisions to every employee who is assigned duties that relate to the performance of any function under the Planning and Development Acts and who is the holder of employment –

(a) at senior staff officer level or over; or

(b) the qualifications for which are wholly or in part professional or technical.

A County/City Manager can also by order apply the above provisions to other local authority employees.

A Code of Conduct in respect of local authority employees has been issued under Part 15 of the 2001 Act. The purpose of the Code is to set out standards and principles of conduct for employees, to inform the public of the conduct it is entitled to expect, and to uphold public confidence in local government. The Code contains specific provisions in relation to the planning system as well as the issue of the involvement of staff in outside employment.

Section 159 of the 2001 Act provides that a local authority employee shall not engage in any gainful occupation, other than as an employee of the local authority, to such an extent as to impair the performance of his or her duties, or in any occupation that might (a) conflict with the interests of the local authority, or (b) be inconsistent with the discharge of his or her duties as a local authority employee. The section also contains specific restrictions on professional staff from engaging in private practice in the profession in which they are employed by the local authority.