An Bord Pleanála Inspectorate Dispute
Molloy’s questions concerned delays transferring departmental inspectors to the Board, disputed terms and conditions, and an alleged work-to-rule affecting appeals. Kavanagh said the Department had not been informed of any dispute or work-to-rule; Molloy challenged that account and linked the staffing shortage to delays.
asked the Minister for the Environment if his attention has been drawn to the An Bord Pleanála —Review 1983, published on 30 January 1983, which stated that while sanction for the filling of four senior posts of planning inspector was received in 1983 it was not possible to fill these posts due to protracted negotiations with the representatives of the inspectorate on the matter of general terms and conditions for their transfer to the service of the board and that due to its complex and protracted nature the issue had been referred to him to determine; if so, if he will give details of the issue referred to; and when it is likely to be resolved.
14.
Comment on this
asked the Minister for the Environment the reason he stated in reply to Parliamentary Question No. 7 of 25 January 1984 that he was not aware of any dispute between the inspectorate and An Bord Pleanála when following protracted negotiations the issue in dispute had in fact been referred to him (details supplied); and if he will make a statement on the matter.
15.
Comment on this
asked the Minister for the Environment when the staff who were assigned from his Department will be transferred to An Bord Pleanála; and the reason for the dealy so far.
16.
Comment on this
asked the Minister for the Environment if he is aware of the form of the "work to rule" being applied by the planning inspectorate assigned by his Department to An Bord Pleanála; if so, whether this practice is limiting the number of appeal files being prepared for decision by An Bord Pleanála; and the action he will take on the matter.
Comment on this
I propose to take Questions Nos. 13 to 16, inclusive, together.
Firstly, I should explain that the Local Government (Planning and Development) Act, 1976, provides that the board shall employ such and so many persons as the board from time to time thinks proper. The Minister's function in this regard is limited to approving the number and kind of such employees. An inspectorate of 19 was approved for the board in July 1981. Under the Act the terms and conditions of service of board employees is a matter for the board, subject to the approval of the Minister. Terms and conditions of service have been approved for the inspectorate. The Act also provides that, pending the appointment by the board of its own staff, interim arrangements could be made by the board for the supply by the Minister of services of staff of the Department. Pending the recruitment of its own staff by the board to fill the approved posts, staff from my Department, including 15 inspectors, are assigned to it.
The Deputy will appreciate, therefore, that the filling of inspectorate posts within the approved structure, including the four posts mentioned in the document to which the Deputy refers and of which I am aware, is a matter for the board. I am not in a position to say when the arrangements for the filling of the vacant planning inspector posts, or for any transfers, will be completed. However, discussions are continuing between the board and the inspectorate in regard to the filling of posts by transfer of staff from my Department and by open recruitment. The board have now sought applications for posts of senior planning inspector by public advertisement on the 6 June 1984.
My Department was not made aware that a dispute existed between the board and the inspectorate or that the inspectorate had instituted a "work to rule".
Comment on this
These questions are a little out of date as they have been on the Order Paper for over four months. Did the Minister say that the Department were not aware of any dispute?
Comment on this
The Minister must accept that it is surprising his Department were not informed of what was happening at that time in An Bord Pleanála. It would shake public confidence in the Minister and his Department. The Opposition were well aware of the dispute and the effect it had. It caused delays in deciding planning appeals. The Minister's predecessor sought to use that as an excuse for abolishing the planning board.
Comment on this
It was not due to the fault of the members of the board but to the lack of an inspectorate and the work to rule.