We know that two separate investigations are now under way into allegations of conflict of interest in decision-making of the deputy chair of An Bord Pleanála, Paul Hyde. One of the investigations is being carried out by Remy Farrell, senior counsel, while the other is an internal audit. The terms of reference for Mr. Farrell's inquiry were published by the Government exactly one week ago but they already appear to be out of date as further allegations have come to light. The Ditch has reported that an inspector's report into the redevelopment of the Player Wills site in Dublin 8 was edited when discrepancies in the initial version were identified by a subdivision of the board chaired by Mr. Hyde. Separately, the Irish Examiner has reported that in a case relating to a compulsory purchase order for a greenway in Kerry, Mr. Hyde suggested edits to an inspector's report that came before the board. A board member suggesting edits to an inspector's report when those reports are supposed to be independent of the board is highly unusual and very concerning.

Meanwhile, Mr. Hyde is not the only member of the board about whom allegations have now been published. The Ditch has reported that another member of its strategic housing division voted on at least three planning applications in her own neighbourhood. One of these developments was less than 400 m from her home in Rathmines. According to the code of conduct of An Bord Pleanála, members are not supposed to vote on proposed developments in their immediate neighbourhood. Bizarrely, however, when The Ditch contacted An Bord Pleanála and inquired as to what constituted an immediate neighbourhood, An Bord Pleanála declined to comment. By contrast, the Planning Inspectorate in the UK is quite clear that its members should not consider developments within a 5 km radius of their neighbourhood.

Separately, there have been further allegations that Mr. Hyde failed to recuse himself from an application that was supported by a report from his brother's engineering firm.

The terms of reference for Mr. Farrell's inquiry allow for the exercise of a certain level of discretion in respect of the scope of his investigation but this discretion appears to be quite limited. The terms clearly debar the investigation of anyone other than Mr. Hyde.

Given the centrality of An Bord Pleanála to the planning process and the absolute necessity that it retains the confidence of the public, can the Tánaiste confirm that the terms of reference for the report of Mr. Farrell will be expanded to include these further allegations concerning Mr. Hyde? Is any investigation being conducted or contemplated into allegations that another member of the board breached the code of conduct of An Bord Pleanála? Can the Tánaiste explain why An Bord Pleanála will not answer simple media queries on matters such as what constitutes a member's immediate neighbourhood for the purposes of its own code of conduct? Has An Bord Pleanála provided any updates to the Government regarding the progress of its internal audit of Mr. Hyde's decisions?

I thank the Deputy. These are very serious allegations and serious allegations need to be taken seriously and properly investigated, but people are entitled to due process as well. I am sure the Deputy will acknowledge that. His questions are specific and deserve an answer. I might ask the Minister, Deputy Darragh O'Brien, to revert to the Deputy with specific answers to his questions because I do not want to give him an answer here that might turn out to be incorrect. While I have been briefed on this matter, it has been evolving and I might not be fully up to date on it.

What I can say is that a senior counsel has been appointed to provide a report to inform the Minister on this issue. Terms of reference for the report were published by the Department of Housing, Local Government and Heritage on its website on 12 May. Remy Farrell, senior counsel, is requested to provide a report to the Minister for Housing, Local Government and Heritage in accordance with these terms of reference within a period of six weeks. Pending completion of the report of the senior counsel, it would not be appropriate for me to comment further. The Minister, Deputy Darragh O'Brien, is aware of the allegations that have been made and understands that those allegations are denied by the member concerned. As I stated, pending completion of the report, it would not be appropriate for me to comment further.

The Office of the Planning Regulator has independently written to the chairperson of An Bord Pleanála, requesting him to outline the systems and procedures that An Bord Pleanála has in place to ensure effective compliance with the statutory duties provided for in the planning Acts regarding the declaration of interests and any other information he considers relevant. I understand that An Bord Pleanála has responded to that request and the Planning Regulator is considering the response. An Bord Pleanála is independent in the performance of its functions under the planning Act.

I thank the Tánaiste for his reply. I will narrow it down to two fairly general questions that I think he will be able to answer. First, will the scope of the investigation be widened so that all the allegations that are in the public domain will be investigated? What is his view on that? Should it be widened so that all allegations that are in the public domain will be investigated? It currently appears that a significant number of allegations, including those relating to another board member, will not be investigated. I do not think that is acceptable.

Second, An Bord Pleanála has been refusing to give replies to simple and straightforward questions from the media. What is the view of the Tánaiste in that regard? Does he think An Bord Pleanála should give the media replies to simple and straightforward questions, such as in respect of the code of conduct and how the terms in it, such as "immediate neighbourhood", are defined?

As regards the scope of the investigation and whether it should be widened, that is a matter for the Minister, Deputy O'Brien, to consider. Obviously, he will need to see whether the additional allegations have substance and, on foot of that, will need to make a decision as to whether the terms of reference need to be changed or the investigation widened. That is really a matter for the Minister, Deputy O'Brien, to consider.

As regards An Bord Pleanála, I agree that it should respond to media queries but if it cannot do so for some reason, it should explain why. Sometimes there are reasons why it cannot. It should respond but if it cannot do so, it should give a clear and credible reason for that.