An Bord Pleanála issues may see attempt to change its cultural norms, internal report claims

The report, entitled ‘Examination of Certain Matters’, was commissioned in the wake of revelations about conflicts of interest concerning the former deputy chair, Paul Hyde, and also includes an examination of the ballooning legal fees at the board.

The litany of misgovernance and malpractice issues uncovered in An Bord Pleanála suggest there may be a concerted attempt to change cultural norms that have served the organisation well for over 40 years, according to an internal report. 

The report also lays blame for ballooning legal fees at the feet of those who have been responsible for some of the malpractices that have come into the public domain.

The document, a copy of which has been seen by the Irish Examiner, has laid bare a catalogue of issues including

• Conflicts of interest;
• Interfering in inspectors’ reports;
• A failure to properly rotate board members on cases;
• Allocating completed cases to inexperienced inspectors;
• Ignoring the recommendations of inspectors in an excessive number of cases. 

As already reported, a separate investigation into conflict of interest concerning a staff member was also conducted behind closed doors.

In laying out the conclusions from the investigation, the report’s authors — three senior figures in An Bord Pleanála — say the various issues combined “suggest there may be a concerted attempt to shift certain cultural norms in An Bord Pleanála away from those which have been in place, monitored and guarded by multiple past and present board members and staff, upon whose efforts the good standing of the organisation has been built and maintained over 45 years”. 

Ballooning legal fees

The report, entitled ‘Examination of Certain Matters’, was commissioned in the wake of revelations about conflicts of interest concerning the former deputy chair, Paul Hyde, and also includes an examination of the ballooning legal fees at the board. 

In 2019, it paid out €4m in legal costs, rising to €8.2m the following year. The costs fell slightly to €7.7m in 2021, due to the pandemic but account for about a quarter of the board’s total budget.

According to the internal report, An Bord Pleanála retains two firms of solicitors, including six working full-time for the board and regularly engages up to 10 barristers to fight legal actions. It also has eight in house non-lawyers who provide instructions for the legal team. 

However, the report notes “undocumented file movements and unrecorded amendments to internal documents on files and general deviation from internal procedures” have made it difficult for clear instructions to be issued to the lawyers.

A statement from the board said the chairperson Dave Walsh is examining the report and there would be no further comment until that is completed and a decision taken on whether or not to publish it. 

The statement also said an inquiry had been opened to determine how the report had been leaked to the media.