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Dáil

Written answer

Data Centres

Summary

SPC external members must follow local-government ethics and disclose relevant interests; suspected breaches go to the Ethics Registrar and may prompt investigation, discipline or referral to SIPO.

312. Deputy Aidan Farrelly asked the Minister for Housing, Local Government and Heritage his plans to review the ethics framework for SPC sectoral members, given public concern about the data-centre zoning in the Naas Local Area Plan 2021–2027. [75222/26]

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313. Deputy Aidan Farrelly asked the Minister for Housing, Local Government and Heritage if he will outline the checks that exist to ensure a person who served on an SPC while a development plan or local area plan was being prepared did not take part in deliberations on zoning that benefited a company they direct; and the sanctions that apply where a declaration was not made. [75221/26]

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314. Deputy Aidan Farrelly asked the Minister for Housing, Local Government and Heritage if he will clarify whether sectoral nominees to local authority Strategic Policy Committees must make declarations of interest under Part 15 of the Local Government Act 2001; and whether those declarations must cover directorships of companies that hold or are pursuing an interest in land being zoned in a local area plan the committee considers. [75219/26]

Comment on this
John Cummins Minister of State at the Department of Housing, Local Government and Heritage Fine Gael

I propose to take Questions Nos. 312, 313 and 314 together.

The ethical framework that applies to members of committees of a local authority is provided for under Part 15 of the Local Government Act 2001, as amended, and the Code of Conduct published under that Act. The Code of Conduct gives guidance in relation to the standards of conduct required of members of a committee of a local authority. External members of SPCs should abide by the provisions of Part 15 of the 2001 Act, where relevant and the principles of the Code. In particular, they should avoid any conflict of interest and are subject to the disclosure requirements concerning pecuniary and other beneficial interests.  Legal responsibility for compliance with these requirements rests with each individual member.

Where a possible contravention of the ethical framework by a member of a committee arises, this should be brought to the attention of the local authority’s Ethics Registrar. When the Ethics Registrar becomes aware of a possible contravention of the ethical framework by a member, he or she has a duty to bring this to the attention of the Chief Executive. Following this, the Chief Executive must consider what action should be taken. That action may include, among other things, investigative or disciplinary procedures which may be exercised within the legal framework, including referral of the matter to the Standards in Public Office Commission (SIPO) for further investigation.

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