Written answers

Wednesday, 29 June 2016

Department of Environment, Community and Local Government

Mahon Tribunal

Photo of Eamon RyanEamon Ryan (Dublin Bay South, Green Party)
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40. To ask the Minister for Environment, Community and Local Government the responsibility he has with respect to any legal challenge regarding the workings of the Mahon tribunal; the communication he has had from the tribunal about the laying of a statement from the tribunal before the Houses of the Oireachtas on 25 March 2016; and the actions he will take to implement the recommendation of the tribunal. [18467/16]

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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The Tribunal of Inquiry into Certain Planning Matters and Payments (the Mahon Tribunal) was appointed by the Houses of the Oireachtas in October 1997 to inquire into and report on allegations of corruption within the planning system, set out in its terms of reference which have expanded since its establishment.

As an independent Tribunal of Inquiry, the Mahon Tribunal is responsible for defending and handling any legal challenge regarding its workings. In keeping with standard practice, since the subject matter of the Tribunal falls within my policy remit, the costs of the Mahon Tribunal, including the legal costs of any challenge regarding the workings of the Tribunal are paid from my Department’s Vote. My responsibility regarding any legal challenge to the workings of the Mahon Tribunal is limited to the payment of any related legal costs from my Department’s Vote.

There was no communication between the Tribunal and the previous Minister regarding the statement and amended report laid before the Oireachtas on 25thof March, 2016.  The statement and the amended report were furnished to the Clerk of the Dáil by the Tribunal, and were also posted on the Tribunal’s website.

The final Report of the Tribunal, published in March 2012, made a total of 64 recommendations, ten of which were planning-related. While some of the planning-related recommendations have been already implemented, it is intended that the Planning and Development (Amendment) Bill 2016, published in January, will implement the remainder. The main provision of the Bill is for the establishment of the Office of the Planning Regulator (OPR), whose main functions will be to:

- carry out independent assessment of regional and local level statutory plans, including zoning decisions, prepared and adopted under the Planning and Development Act 2000, as amended, namely, development plans, local area plans, regional spatial and economic strategies etc. to ensure their consistency with national and/or regional policy;

- review the organisations, systems and procedures used by planning authorities, including An Bord Pleanála, in the performance of their statutory functions under the Act; and

- carry out research, education and training in the planning area.

The Bill is currently before the Dáil, awaiting Second Stage debate.

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