An Bord Pleanála seeks corporate governance assistance amid ongoing probe

The planning authority has been under fire over a string of planning decisions, which prompted Housing Minister Darragh O’Brien to order an independent review back in April. The probe into the decision-making of An Bord Pleanála board member Paul Hyde (above) is being conducted by senior counsel Remy Farrell. 

An Bord Pleanála is seeking corporate governance support for its board, as the scandal-hit agency aims to get “independent, impartial advice” in the future.

Among its requirements will be an induction programme for new members of the board in respect of the “corporate governance aspects of their role”, and making members aware of their obligations under planning and ethics laws.

The planning authority has been under fire over a string of planning decisions, which prompted Housing Minister Darragh O’Brien to order an independent review back in April.

The probe into the decision-making of An Bord Pleanála board member Paul Hyde is being conducted by senior counsel Remy Farrell. Originally due to be completed last month, it is now due to be sent to the minister at the end of July.

Mr Hyde is understood to have met with Mr Farrell in early June to explain his account of how he came to preside over planning decisions where conflicts of interest over ownership of relevant properties by both himself and family members were alleged.

Mr Farrell’s investigation was first announced by the minister on April 27, and was initially defined as being concerned with three individual planning decisions taken by Mr Hyde, and a judgement regarding his personal financial circumstances with possible creditors.

He stepped aside from his role temporarily and “without prejudice” on May 9, and currently is without access to his office or files.

Investigation widened

It has since emerged that Mr Farrell’s investigation has been widened somewhat, something opposition politicians in the Dáil had repeatedly called for given the ongoing revelations.

The review will now incorporate a raft of decisions on telecommunications masts around the country, after the Irish Examiner revealed that Mr Hyde had overruled his own planning inspectors in granting planning permission for such masts in 31 out of 36 cases since September 2020.

Amidst the furore surrounding the organisation, it is seeking governance support and advice to the board and to its audit and risk committee on an initial one-year contract, with the option of an extension.

The support will include “information and advice to board members on statutory, regulatory and governance matters and procedures, including compliance with relevant legislative provisions and code of practice requirements for the corporate governance of state bodies”.

They will report to the chair of the board and the board itself on “all board corporate governance matters”, and assist the chair in ensuring relevant information is made available to the board and relevant committees.

Under a list of “key responsibilities”, it says: “Advising Board members in respect of compliance with disclosure of interests/declarations under: An Bord Pleanála’s Code of Conduct, provisions of the Planning and Development Act, and requirements under Ethics in Public Office Acts.” It added that it expects these services to entail four to five days a month’s work.