From Department of Housing, Local Government and Heritage
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The Minister for Housing, Local Government and Heritage, Darragh O’Brien, has today (15 August 2022), on the advice of the Attorney General, referred the report completed by Mr. Remy Farrell SC, ‘Report into the management of conflicts of interest and relevant disclosures by the Deputy Chairperson of An Bord Pleanála in relation to certain decisions of that Board and related matters’, to the Director of Public Prosecutions (DPP), An Garda Síochana (AGS) and the Standards in Public Office (SIPO).
It is now a matter for the Director of Public Prosecutions as to whether a criminal prosecution should be undertaken arising from the findings of the report. It would be inappropriate for the Minister to comment further on this specific matter. The Minister has also sought the views of the DPP in relation to the publication of the report having regard to the possibility of a prosecution.
The Minister would again like to thank Mr. Farrell S.C. and Mr. Chris Mills B.L. who assisted Mr. Farrell in his work.
Minister O’Brien is awaiting the conclusion of a separate internal report from a Senior Management Team within An Bord Pleanála which was requested by Mr. Dave Walsh, Chairperson of An Bord Pleanála. It is expected that this internal report will examine further allegations of wrongdoing. Minister O’Brien will decide on any further course of action, including possible legislative amendments, following consideration of this report.
Separately, and in order to uphold trust in the planning system and maintain its ongoing functionality, Minister O’Brien has set out a series of actions which will be undertaken:
These proposed measures are on top of steps already taken or underway as a matter of urgency following engagement with the Chairperson of An Bord Pleanala namely:
Commenting on the series of measures outlined Minister O’Brien said:
“An Bord Pleanála stands at the apex of our planning system and plays a crucial role as the final arbiter of many planning applications. In this light, I treat any allegations of inappropriate actions or behaviour by its members with the utmost seriousness. The public must have trust in the impartiality and integrity of our planning system if it is to function effectively in facilitating sustainable development.
"I do not underestimate the work undertaken by the staff of An Bord Pleanála which is increasing as we work to meet our targets set out in Housing for All and other major infrastructure being provided under the National Development Plan. The staff of ABP work extremely hard in challenging conditions and I have already sanctioned a further 24 posts for ABP which are currently being recruited. I intend to approve a further substantial increase in staffing resources for ABP shortly to ensure it is fully equipped to meet the demands of our planning system, including new functions it will take on as part of new marine planning arrangements. These additional staff members will be hired in tandem with the recommended organisational reforms set out by the OPR review to create a fully fit for purpose body, including any legislative changes required to achieve this aim.
"Maintaining trust and confidence in our planning system is of the utmost importance and the series of measures which I have outlined, and which will evolve, will ensure fundamental change for the benefit of our entire planning system while maintaining its full ongoing operation.
"I believe it is important that the report be published as soon as possible given the vital public interest in this matter, I have asked the DPP for her views on whether there are any parts of the report which should not be published at this time while the possibility of a criminal prosecution is under consideration. I will await her views before publishing the report."