Vol. 761 Wednesday, No. 1 28 March 2012 DÍOSPÓIREACHTAÍ PARLAIMINTE PARLIAMENTARY DEBATES DÁIL ÉIREANN TUAIRISC OIFIGIÚIL—Neamhcheartaithe (OFFICIAL REPORT—Unrevised) Dé Céadaoin, 28 Márta 2012. Leaders’ Questions ……………………………… 1 Order of Business ……………………………… 9 Topical Issue Matters ……………………………… 16 Landlord and Tenant (Business Leases Rent Review) Bill 2012: First Stage ………… 17 Mahon Tribunal Report: Statements (Resumed)…………………… 17 Message from Seanad ……………………………… 46 Ceisteanna — Questions Minister for Transport, Tourism and Sport Priority Questions …………………………… 46 Other Questions …………………………… 55 Topical Issue Debate Emigrant Voting Rights …………………………… 66 Social Welfare Appeals …………………………… 68 Rent Supplement ……………………………… 70 Job Protection ……………………………… 72 Mahon Tribunal Report: Statements (resumed)…………………… 76 Message from Seanad ……………………………… 111 Central Bank and Financial Services Authority of Ireland (Amendment) Bill 2011: Second Stage (resumed)……………………………111 Referral to Select Sub-Committee ……………………… 128 Questions: Written Answers …………………………… 129 DÁIL ÉIREANN DÍOSPÓIREACHTAÍ PARLAIMINTE PARLIAMENTARY DEBATES TUAIRISC OIFIGIÚIL OFFICIAL REPORT Imleabhar 761 Volume 761 Dé Céadaoin, 28 Márta 2012. Wednesday, 28 March 2012. ———— Chuaigh an Ceann Comhairle i gceannas ar 10.30 a.m. ———— Paidir. Prayer. ———— Leaders’ Questions Deputy Micheál Martin: The former Minister for the Environment, Heritage and Local Government, John Gormley, established an independent review into the planning practices in a number of local authorities and had undertaken considerable work to ensure these would be completed. Deputy Pat Rabbitte: Is Deputy Martin interested in corruption in planning now? Deputy Micheál Martin: I will come to that. Why are the Minister, Deputy Phil Hogan, the Minister of State, Deputy Alan Kelly, and the Minister of State, Deputy Kehoe, misleading the public by suggesting that the former Minister, Mr. Gormley, had done nothing to progress his independent reviews of planning practices in a number of local authorities? It is more than one year since he took office. Why is there still no outcome to his internal reviews nine months after he suppressed the independent reviews the former Minister, Mr. Gormley, established? I wish to put on the record of the House what the Minister, Deputy Hogan, had on his desk when he arrived into office. Deputy Michael McNamara: What was on Deputy Martin’s desk? Deputy Micheál Martin: He had an extensive dossier prepared by planning officials in the Department following an internal review of complaints made from 2007 to 2009. He had a 1 Leaders’ 28 March 2012. Questions [Deputy Micheál Martin.] series of reports from the managers in each of the local authorities submitted in response to a formal request from the Minister using his statutory powers under the planning and develop- ment Acts. He had terms of reference for a panel of planning consultants to carry out indepen- dent reviews in the six local authorities. He had a completed tender process to select the panel of consultants and he had letters of appointment ready to be issued to the members of the panel. On the basis of the dossiers presented to him he was convinced that these matters required an independent review of planning. An Ceann Comhairle: A question, please. Deputy Micheál Martin: Given the debate going on in the House this week everyone seems to be agreed that the planning process has to be above reproach. There are significant reasons the former Minister, Mr. Gormley, proceeded with these inquiries. An Ceann Comhairle: A question, please. (Interruptions). Deputy Micheál Martin: Frankly, questions need to be answered about why an independent review was suppressed by the incoming Government. It is a serious issue that demands a serious response from the Government. Deputy Bernard J. Durkan: What took place for the past 20 years was serious too. Deputy Micheál Martin: Why were the independent reviews established by Mr. Gormley suppressed? (Interruptions). An Ceann Comhairle: Excuse me. The Tánaiste is perfectly capable of answering the question without assistance. The Tánaiste: Thank you, a Cheann Comhairle. An Ceann Comhairle: Can we please allow him to answer a question? I have worked with him long enough and I have every confidence in him. Deputy Michael McNamara: He has no difficulty answering questions. The Tánaiste: I am greatly reassured by the Ceann Comhairle’s confidence. I welcome Deputy Martin’s interest in probity in the planning system. The former Minister for the Envir- onment, Heritage and Local Government, Mr. Gormley, announced independent inquiries into seven local authorities in June 2010. When he left office more than seven months later, he had still not commenced these. A Deputy: Do not be surprised. Deputy Brendan Howlin: He did not read that file. The Tánaiste: The new Minister considered that the considerable cost of retaining consultants to conduct these inquiries required further examination. He instructed officials to conduct an internal review and to report to him on what further actions might be warranted. These further actions might include changes to legislation, new regulations or further guidance on a range of issues related to the operation of the planning system in the local authorities. However, the 2 Leaders’ 28 March 2012. Questions findings of the internal review were not to be prejudged and it was always the case that some further investigations, including independent inquiries as originally announced, might form part of these outcomes. This remains the position today. The review will be completed following the publication of the retail planning guidelines due before the end of April. The Minister has committed to issuing a public statement outlining in full the complaints at issue, the response and any appropriate actions to be pursued in regard to further policy development and guid- ance in line with the commitments in the programme for Government and the relevant recom- mendations in the report of the Mahon tribunal. Deputy Martin should note that no planning inquiry is being suppressed. The reviews are being conducted in the Department of the Environment, Community and Local Government. When that process is completed following the publication of the retail planning guidelines at the end of April a full public statement will be made. This will set out in full the complaints made, the action taken in the Department of the Environment, Community and Local Govern- ment to review and examine those complaints and what further action might need to be taken arising from the review. Nothing is being suppressed. It is being looked at in the Department of the Environment, Community and Local Government. The full information will be published. Deputy Micheál Martin: That is completely disingenuous. Deputy Emmet Stagg: Mirror, mirror on the wall. Deputy Micheál Martin: It is important to point out that an internal review of these com- plaints has already been carried out. Deputy Tom Hayes: Was Deputy Martin afraid of it? Deputy Micheál Martin: The answer given this morning is a complete whitewash. As far back as 2009 the spatial planning section of the Department of the Environment, Heritage and Local Government had carried out an internal review of planning practices in these counties. I illus- trate this with the comments of the former Louth county manager, Mr. Quinlivan, who carried out an investigation into matters in Carlow. An Ceann Comhairle: A supplementary question, please. Deputy Micheál Martin: I am asking a question. This is a serious issue. An Ceann Comhairle: I appreciate that but you have one minute. Deputy Micheál Martin: He stated that effective planning enforcement to ensure legislation was observed “was not in place” in Carlow. Deputy Bernard J. Durkan: What did Deputy Martin do about in when he was in government? Deputy Micheál Martin: It rendered the whole enforcement process questionable. Mr. Quinli- van recommended that “prolonged consultation with those who breached the planning system must not take place”. Complaints were received from many people, including members of the public, the Ombudsman, An Taisce and many other reputable bodies, about planning practices in these counties in recent years. (Interruptions). Deputy Niall Collins: Who controlled those local authorities? 3 Leaders’ 28 March 2012. Questions Deputy Micheál Martin: There is much heckling but I am not prejudging anything. Deputy Niall Collins: Government councillors control all those local authorities. An Ceann Comhairle: Please ask your question. Deputy Micheál Martin: I am not prejudging anything. I have no difficulty without fear or favour of having independent planning investigations. Why? An Ceann Comhairle: Ask your question. You are over time. Deputy Micheál Martin: I have spoken to the former Minister, Mr. Gormley. The bottom line is that there was resistance to these inquiries within the system. (Interruptions). Deputy Micheál Martin: There was internal resistance to these planning investigations. I asked questions yesterday evening including whether we are all satisfied that our planning processes are above reproach. I call on the Tánaiste to meet the former Minister, Mr. Gormley, and to look at the dossier himself. Deputy Bernard J. Durkan: Deputy Martin held meetings with him for long enough. Deputy Micheál Martin: He should look at the extensive material. He established an indepen- dent inquiry and a process but it was suppressed. It is completely dishonest to say that there should now be another