Bord Pleanála report in gardaí and DPP’s hands
The findings of a report carried out investigating An Bord Pleanála are currently being considered for criminal prosecution by gardaí and the Director of Public Prosecutions.
The independent report was undertaken by Senior Counsel Remy Farrell into the management of conflicts of interest and relevant disclosures by the former deputy chairperson of An Bord Pleanála, Paul Hyde.
On the recommendation of the Attorney General, the report has been referred by Minister for Housing, Local Government and Heritage, Darragh O’Brien, to the Director of Public Prosecutions (DPP), An Garda Síochana, and the Standards in Public Office (SIPO).
Minister O’Brien has also sought the views of the DPP in relation to the publication of the report and the possibility of a prosecution.
The report was compiled by Mr Farrell on the request of Minister O’Brien after a number of reports of suspected conflicts of interest relating to An Bord Pleanála’s decision-making process.
Following Mr Farrell’s appointment, Mr Hyde initially stepped aside from his role as deputy chairperson of An Bord Pleanála before later resigning.
Mr Hyde, who was originally placed on An Bord Pleanála by then Minister for the Environment Phil Hogan, is known to be well-connected politically. He previously co-owned a yacht named Dark Angel with childhood friend, Cork TD and Minister for Foreign Affairs Simon Coveney.
Minister O’Brien is now awaiting the conclusion of a separate internal report from a senior management team within An Bord Pleanála which was requested by the board’s Chairperson Dave Walsh. It is expected that this internal report will examine further allegations of wrongdoing.
Minister O’Brien will decide on any further course of action, including possible legislative amendments, following consideration of this report.
The Minister said: “An Bord Pleanála stands at the apex of our planning system and plays a crucial role as the final arbiter of many planning applications. In this light, I treat any allegations of inappropriate actions or behaviour by its members with the utmost seriousness.
“The public must have trust in the impartiality and integrity of our planning system if it is to function effectively in facilitating sustainable development.”
In a statement published on Tuesday, An Bord Pleanála said Chairperson Dave Walsh and the board are committed to fully co-operating with these public bodies in determining whether further action is required arising from the report’s findings.
It read: “Pending the completion of this assessment which may result in legal proceedings, it would not be appropriate to comment any further on this matter.
“The Chairperson confirmed that the board is in the process of finalising its own internal review into certain issues and allegations raised with it and he will be providing a report to the Minister shortly on the analysis and findings of this review, as well as information on any proposed actions to be taken, including, in particular measures, to strengthen the effectiveness of the Board’s existing controls, protocols.”