Report into An Bord Pleanála calls for no disciplinary action over malpractice claims

The findings of the report are in contrast to those of the internal review in 2022, which detailed instances of conflicts of interestat An Bord Pleanála.

The chair of An Bord Pleanála has said that an internal review, which detailed multiple instances of malpractice in the organisation, should not have been leaked as it hadn’t looked at all of the circumstances involved.

Peter Mullan was speaking after the publication of a statement outlining some findings in a new report that concluded no disciplinary action should be taken against anybody over the allegations of malpractice. 

The report, compiled by senior counsel Lorna Lynch, cost €240,000 and was commissioned in January 2023.

The findings of the report are in contrast to those of the internal review in 2022, which detailed instances of conflicts of interest, bias in decision-making, a failure to declare interests, and problems over the composition of decision-making bodies. 

The Irish Examiner obtained a copy of the secret review and published details in October 2022. 

When asked whether he accepts the veracity of the allegations that were initially made in the media and confirmed in the internal review, Mr Mullan says that he accepts the bone fides of those who made the allegations.

“The internal review was intended for the [then] chair of the organisation and not to be published,” he says. 

“It shouldn’t have been leaked. Now, many of those allegations have been clearly investigated by Lorna Lynch. 

"She has engaged with witnesses, she has looked at the files, and come to her conclusions.” 

Nine months of controversies

Mr Mullan, who took up office in 2023 after An Bord Pleanála went through nine months of controversies, says he has received legal advice not to publish the Lynch report and he accepts it. 

All of the allegations date from before his time in An Bord Pleanála. 

Some relate to former deputy chair Paul Hyde, who received a suspended prison sentence in the District Court for failing to declare interests. 

However, the Lynch report — while not confirming or discounting the other myriad allegations — suggests that nothing else which occurred would attract any disciplinary sanction.

“It is the case that one board member pleaded guilty to certain offences, that stands for itself,” Mr Mullan said. 

“What the public can be satisfied of is that there have been myriad investigations, and the conclusions from that are in the Lorna Lynch report and that outcome is clear from the files.” 

He added that he has full confidence in all board members and employees in An Bord Pleanála now and that, since his appointment, major inroads have been made in reducing backlogs — in particular, at the organisation.

However, despite the prosecution of Mr Hyde, the early retirement of the former chair, the number of investigations, court challenges to planning decisions following the allegations, and the rebranding of An Bord Pleanála after the controversy, no official report has been published outlining what exactly it was all about.