Independent planning regulator and corruption
Gerry Adams condemns political corruption exposed by RTÉ Investigates and demands effective sanctions and an independent planning regulator. The Taoiseach says forthcoming legislation will establish an independent office with powers over planning, zoning and local authorities.
Citizens are understandably incensed at the revelations of outright corruption by a number of politicians exposed by the "RTE Investigates" programme last night. As the Taoiseach knows, this is not new. Mr. Justice Mahon has said that corruption in Irish political life is both endemic and systemic. Fully 18 years after that tribunal began its work, three years after it made its final report and almost five years after the Taoiseach assumed office, the Government has yet to implement the recommendation of Mr. Justice Mahon to appoint an independent planning regulator.
The Taoiseach promised a democratic revolution but he has not delivered it. The Government went as far as cancelling inquiries into planning irregularities. One of Mr. Phil Hogan's first acts as the Minister for the Environment, Community and Local Government was to scrap planned inquiries into six different local authorities. Why was that? The then Minister of State, Deputy Jan O'Sullivan, subsequently established reviews instead of inquiries to deal with these matters at the councils. Why was that? The reviews were discredited as a result of the testimony in the High Court of the whistleblower, Mr. Gerard Convie, a former senior planner with Donegal County Council. This year, in May, Sinn Féin brought forward a Private Members' motion calling for an independent planning regulator, as recommended by the Mahon tribunal. The Government voted against that proposal. The Government promised at the time that further reviews would be completed by June of this year, but that has not happened. Last night, the Taoiseach signalled that the issue will not be dealt with before the next general election. The Government has had five years to deal with this - five wasted years. It is not good enough.
We have legislation. An Teachta Brian Stanley has brought it forward. There is no point in the Taoiseach condemning corruption unless he is going to tackle it. Will the Taoiseach allow time for an Teachta Stanley's Bill - I have it before me - to be taken and to proceed through the Oireachtas as a matter of urgency to deal with this issue? It would put in place an independent regulator, as recommended by Mr. Justice Mahon.
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I sense a change in tone from the Taoiseach.
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Let me assure Deputy Adams that it is utterly unacceptable for any public representative to use his or her position for financial and personal gain. There can be no place in public life for the kind of behaviour that was witnessed on the RTE programme last evening. Public representatives are required to comply fully with the codes of conduct governing the performance of their duties. Obviously, the cases involving local authority members are, in the first instance, a matter for the local authority, which can refer the cases to the Standards in Public Office Commission for investigation. Cases involving Members of the Oireachtas are, in the first instance, a matter in for the Oireachtas, which can also refer cases to the Standards in Public Office Commission for investigation.
Notwithstanding these arrangements the Government is bringing forward new legislation to improve the disclosure system and the ability to investigate complaints. The public sector standards Bill will see the establishment of a public sector standards commissioner to replace the Standards in Public Office Commission and oversee the reform, complaints and investigations process. The heads of the Bill were published in June together with a public consultation process. One submission was received. It was sent to the Oireachtas committee and considered. The final draft is almost completed. I hope that, all going well, it can be brought to next week's Cabinet for publication. It will also provide a new consolidated framework to govern officials at national and local level. As a result, we will have a uniform and strengthened ethics code. It will apply across the public service, it will include politicians and officials and there will be a significant increase in disclosure requirements.
The new planning Bill to establish an independent regulator and the new criminal justice (corruption) Bill to replace and update the offences of giving or receiving bribes are at an advanced stage. I put it to Deputy Adams that those Bills are in addition to what has already been produced and implemented by Government. We have brought in legislation to regulate lobbying, bring about the effective banning of corporate donations, the restoration of the Freedom of Information Act, the Protected Disclosures Act to protect whistleblowers and the extension of the powers of the Ombudsman. Following consideration of the final Mahon tribunal report, the Government published a general scheme of a Bill in January this year to provide for the establishment of the office of the planning regulator. Under the provisions of the Bill, the office will be fully independent of the Department and responsible for the independent assessment of all local authority and regional assembly forward planning, including zoning decisions of local authority members in local area development plans, to ensure compliance with relevant national and regional policy. It will be empowered to review the organisation, system and procedures. It will be enabled to drive a national research, education and public information programme. All of these things take time. Those Bills have gone through and are in place. They will be followed by the three I have mentioned. In conclusion, there is no place in public life for what was witnessed by the people on the RTE programme last night.
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If there is no place in public life, then the Taoiseach needs to bring forward regulations to take sanctions against these people. The Government has not done that. The Government Bill is totally and absolutely inadequate. The so-called independent regulator envisaged by Fine Gael and the Labour Party is not independently appointed. The regulator is accountable to the Minister. As far as I know, the regulator does not have the power to prosecute. That is simply not good enough. It merely serves to highlight the style of this Government, which is loud on rhetoric and slow on action. It is another part of the Taoiseach's five-point plan biting the dust.
In 2012, the Minister, Deputy Alan Kelly, who now has responsibility for planning but has ignored this issue entirely, said Fianna Fáil polluted this country with corruption. I do not disagree with him on that point, but those involved were not on their own. Fine Gael is the "what is in it for me party?" and the mé féin party. It is being disgraced by the actions of some of its representatives. Last night's programme illustrates that clearly.
I ask the Taoiseach to support Deputy Stanley's Bill, which establishes the independent planning regulator envisaged in the Mahon report. I set out the three grounds on which it is different from what the Taoiseach is putting forward. Deputy Stanley's Bill gives to the regulator the power to prosecute. It also allows for the regulator to be appointed independently and for him or her to not be answerable to the Minister. He or she would be independent of the Oireachtas and any political influence.
The Taoiseach has never had a problem rushing legislation through to give money to the elites or to take it away from the poor. He has guillotined every social welfare Bill since he came into office. He said he hopes, all going well, that his inadequate Bill will be passed. I ask him to free up time now for the Sinn Féin Bill to be taken before Christmas.
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Deputy Adams only hears what he wants to hear. I said the planning reform and planning regulator Bill came from a recommendation of the Mahon tribunal many years ago. The office will be fully independent.
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The relevant provisions in Deputy Stanley's Bill will be incorporated into this Bill. It makes him or her responsible for the independent assessment of all local authority and regional assembly forward planning, including zoning decisions of local authority members in local area and development plans, to ensure compliance with relevant national or regional policy or both.
The office will be independently empowered to review the organisation, systems and procedures used by any planning authority or An Bord Pleanála, the national planning appeals board, in the performance of its planning functions under the planning Acts, including risks of corruption and on foot of individual complaints from members of the public. The office will be utterly independent. It will be enabled to drive a national research, education and public information programme to highlight the role and benefits of proper planning. In establishing this office, the aim of the Government is to ensure proper independent oversight of the systems and procedures used by planning authorities. It will ensure public confidence in the delivery of quality outcomes while avoiding the overlap procedures regarding individual cases operated by An Bord Pleanála and the role of the criminal justice system.
I recall watching the "Spotlight" programme on Northern Ireland.
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I did not hear Deputy Adams shouting about the need for an independent review of the management of property and the ethics of working property in Northern Ireland with relevance to his party. I condemned that as much as what I saw last night.
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There was no member of Sinn Féin-----
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This Bill will bring independence and objectivity to all these things, including what the Deputy mentioned regarding corruption, zoning, regional planning, local planning and all that goes along with that.
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If the Taoiseach keeps digging he will end up in Australia.