Written answers

Tuesday, 20 June 2017

Department of Housing, Planning, Community and Local Government

Tribunals of Inquiry Recommendations

Photo of Jonathan O'BrienJonathan O'Brien (Cork North Central, Sinn Fein)
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2223. To ask the Minister for Housing, Planning, Community and Local Government the outstanding recommendations of the Mahon Tribunal yet to be implemented, in tabular form. [28027/17]

Photo of Eoghan MurphyEoghan Murphy (Dublin Bay South, Fine Gael)
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The Tribunal of Inquiry into Certain Planning Matters and Payments - otherwise known as the Mahon Tribunal - was established by Order of the then Minister for the Environment and Local Government in 1997 to inquire into, and report on, various planning matters, as set out in resolutions passed by the Dáil and Seanad in relation to the establishment of the Tribunal.

The Tribunal made in total 64 recommendations in its Final Report in 2012, of which 10 are planning-related and fall to my Department to implement. Some of these planning related recommendations have already been implemented, such as:

- the development of Regional, Spatial and Economic Strategies by the Regional Assemblies, and

- prohibiting the use of powers available to elected members under Section 140 of the Local Government Act 2001 in relation to planning matters.

Implementation of the majority of the remaining Mahon Tribunal planning-related recommendations is provided for in the Planning and Development (Amendment) Bill 2016 which is presently at Dáil Report Stage. Specifically, the Bill proposes to provide legislative underpinning in respect of the following Tribunal recommendations:

- the establishment of a new independent Office of the Planning Regulator,

- placing on a statutory footing the proposed new National Planning Framework – to be titled Ireland 2040: Our Plan – as a successor to the 2002 National Spatial Strategy,

- the introduction of measures to provide enhanced transparency in the planning process, including requirements for the publication of submissions on local area plans and development plans, as well as the Chief Executive’s Report on such submissions, on the planning authority’s website,

- the forwarding of any proposed grants of planning permission, which would materially contravene a development plan or a local area plan, to the relevant Regional Assembly for observations, and

- the payment of reduced or no fees by elected members, when making submissions on planning applications, as well as the noting of such representations on the relevant planning file.

There are two planning-related recommendations of the final report of the Mahon Tribunal which have not been progressed. The first recommendation relates to the proposal that members of the Regional Assemblies should be directly elected. The Government decided not to create directly elected regional entities in the context of its approval of the Action Programme for Effective Local Government, Putting People First, in October 2012, which set out the Government’s decisions on local government reform measures.

The other planning-related recommendation that remains outstanding relates to the introduction of a requirement that planning applicants be required to disclose if they have made a political donation to an elected member of a local authority, when making a planning application and also to indicate the identity of the donation’s recipient. In relation to political donations generally, the Electoral (Amendment) (Political Funding) Act 2012, which was enacted on 28 July 2012, significantly enhanced the openness and transparency of political funding in Ireland and addressed many of the issues that were central to the recommendations made on political finance in the Final Report of the Mahon Tribunal.  The Act brought into force restrictions on corporate donations and considerable reductions in the maximum amount that a political party (€2,500) or an individual (€1,000) can accept as a political donation.  A new limit was also established for donations in cash (€200).  The donation threshold amount that gives rise to the requirement to open a political donations account was reduced to €100.  The thresholds at which donation statements must be reported and published were reduced while the Act also provided that political parties be required to submit audited annual accounts to the Standards in Public Office Commission for review and publication.

In relation to non-planning related recommendations identified in the Final Report of the Mahon Tribunal which fall within the remit of my Department, and specifically in relation to political finance, I enclose further details in tabular form as requested. 

Political Finance Recommendations

RecommendationSummary ResponseLead Dept
24. Amend the definition of the term ‘donation’ to cover all donations given, received or used for political purposes.Not implemented but will be kept under consideration in the context of future reviews of the Electoral Acts.D/HPCLG
25. Introduce prohibitions on certain types of donations.Implemented by the Electoral (Amendment) (Political Funding) Act 2012 (No. 36 of 2012).D/HPCLG
26. Lower the thresholds permitted for political donations.Implemented by the Electoral (Amendment) (Political Funding) Act 2012 (No. 36 of 2012).D/HPCLG
27. Place an overall limit on the aggregate amount which can be donated by an individual.Not implemented but will be kept under consideration in the context of future reviews of the Electoral Acts.D/HPCLG
28. Amend the existing expenditure restrictions to cover all political expenditure, etc.Not implemented but will be kept under consideration in the context of future reviews of the Electoral Acts.D/HPCLG
29. Introduce a requirement to disclose annual audited accounts by political parties, elected representatives and electoral candidates.Implemented for political parties by the Electoral (Amendment) (Political Funding) Act 2012 (No. 36 of 2012).D/HPCLG
30. Lower the level at which donations must be disclosed.Implemented by the Electoral (Amendment) (Political Funding) Act 2012 (No. 36 of 2012) but not to the level proposed by the Mahon Tribunal.D/HPCLG
31. Introduce a requirement to provide more detailed information regarding the source and nature of received donations.Implemented in part by the Electoral (Amendment) (Political Funding) Act 2012 (No. 36 of 2012).D/HPCLG
32. Introduce a requirement to disclose donations received prior to elections.Not implemented but will be kept under consideration in the context of future reviews of the Electoral Acts.D/HPCLG
33. Introduce a requirement on political parties to supply details of their organisational structure as a condition of registration.Implemented by the Electoral (Amendment) (Political Funding) Act 2012 (No. 36 of 2012).D/HPCLG
34. Introduce restrictions on persons entitled to receive donations on behalf of a political party, etc.Not implemented on the grounds of the transparency and reporting provisions introduced in the Electoral (Amendment) (Political Funding) Bill 2012 (No. 36 of 2012).D/HPCLG
36. Entrust the enforcement of the Local Elections (Disclosure of Donations) Act 1999 to an external, independent body.Not implemented but will be considered in the context of the Government commitment to establish an independent Electoral Commission.D/HPCLG
37. Include administrative sanctions in sanctions for breaching the political finance acts.Implemented in part by the Electoral (Amendment) (Political Funding) Act 2012 (No. 36 of 2012).D/HPCLG
38. Sanction certain acts or omissions in relation to donations.Not implemented but will be kept under consideration in the context of future reviews of the Electoral Acts.D/HPCLG

In response to other recommendations, the previous Minister for Public Expenditure and Reform published the Public Sector Standards Bill 2015 to replace Part 15 of the Local Government Act 2001 which provides for the ethical framework for the Local Government system.  The purpose of the Bill is to significantly enhance the existing framework for identifying, disclosing and managing conflicts of interest and minimising corruption risks, while also achieving a shift towards a more dynamic and risk-based system of compliance and ensuring that the institutional framework for oversight, investigation and enforcement is robust and effective. This approach is considered to be integral to the quality and efficacy of public governance and the addressing of corruption risks. The Bill is presently at Committee Stage in the Dáil.

All other recommendations are the responsibility of a number of other Government Departments and it is a matter for them to report on their implementation in the first instance.

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