Written answers

Thursday, 13 February 2014

Department of Environment, Community and Local Government

Planning Issues

Photo of Dominic HanniganDominic Hannigan (Meath East, Labour)
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168. To ask the Minister for Environment, Community and Local Government his response to the recently-published EU anti-corruption report; if he intends to act on the recommendations for Ireland, which include ensuring that planning enforcement powers are vested in an independent urban planning regulator with capacity and powers to investigate systemic problems, ensuring that local authorities implement plans for the prevention of fraud and corruption, and ensuring the effective prevention and detection of conflicts of interest, notably at local level; and if he will make a statement on the matter. [7251/14]

Photo of Jan O'SullivanJan O'Sullivan (Limerick City, Labour)
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In line with the recommendation contained in the Final Report of the Mahon Tribunal, the Government, at its meeting on 7 May 2013, approved proposals for the preparation of a new Planning and Development Bill to establish a new Office of the Planning Regulator (OPR). The primary function of the OPR, which will be established with an independent corporate identity, will be to carry out independent appraisal of regional and local level statutory plans prepared and adopted under the Planning and Development Act 2000, as amended, namely, development plans, local area plans, regional planning guidelines etc. The OPR will also have investigative powers to examine, inter alia, possible systemic failings in the planning system, again taking account of the recommendation of the Mahon Tribunal in this regard. On foot of the Government approved proposals, my Department is preparing a General Scheme of a new Planning and Development Bill giving consideration to the detailed issues to be addressed including those raised in the question. It is intended to bring the General Scheme of the Bill to Government for approval by Easter, 2014.

Part 15 of the Local Government Act 2001 provides an ethical framework that requires both elected members and employees to maintain proper standards of integrity, conduct and concern for the public interest. The legislation is complemented by Codes of Conduct issued by the Minister. The framework sets out clear requirements and procedures for a councillor who has a pecuniary or other beneficial interest in a matter arising for consideration by a local authority. In particular, a councillor is prohibited from influencing or seeking to influence a decision of a local authority on any such matter. Under the Act, failure to comply with these requirements constitutes an offence.

The broader issues relating to fraud and corruption, and a unified ethical framework for the public sector, are matters for my colleagues, the Minister for Justice and Law Reform, and the Minister for Public Expenditure and Reform, respectively.

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