Mulcahy report into alleged Donegal planning corruption still unpublished, nine years on

The delay is due to concerns over the nature of the contents, and fears that some may be defamatory

In 2015, Rory Mulcahy SC was appointed to carry out a review into claims made by whistleblower Gerard Convie. Picture: David Keane

A report on alleged planning corruption in Donegal has still not been published more than nine years after it was completed.

The delay in publication of the Mulcahy Report by the Department of Housing, despite changes in government, is due to concerns over the nature of the contents and fears that some may be defamatory.

Sources have said only a small number of copies of the report are in circulation, and there are fears that its publication could lead to legal cases due to the naming of individuals.

In 2015, Rory Mulcahy SC was appointed to carry out a review into claims made by whistleblower Gerard Convie, alleging irregularities within the planning department of a local council during the early 2000s.

Mr Convie had previously contested the findings of an internal review into his claims, which cast doubt on his motivations, by taking legal action in the High Court. In 2013, the Department of the Environment was compelled to retract that internal review, reverse its conclusions, and issue an apology to Mr Convie.

He had submitted a dossier containing 20 sample cases to the government in 2010, which led then environment minister John Gormley to initiate an independent review. Mr Gormley’s successor, Phil Hogan, instead commissioned an internal review.

Completed in 2012, it found no evidence of wrongdoing and questioned Mr Convie’s reasons for raising the allegations. Mr Mulcahy completed his report in June 2017, but it has not yet been made public.

James Browne 'considering the report'

Asked about the status of the report by the Irish Examiner again this week, the department said that housing minister James Browne “is considering the report” and “will bring this matter to Government for consideration in due course”.

The Attorney General’s office has been consulted on both the content of the report and also on the issue of its potential publication and dissemination. The review is a scoping report and as such it does not make findings as to the truth or otherwise of allegations that have been made by an individual against named persons.

The department said the Commissioner for Environmental Information in 2019 and the Information Commissioner in 2020 both decided not to grant access to the report, with the Office of the Information Commissioner saying “placing the details concerned in the public domain would significantly breach the rights to privacy of identifiable individuals”.

“Therefore, this is a matter that requires careful consideration, given that the scoping report details unproven allegations against named persons,” a department statement said.

'Utterly unacceptable'

Sinn Féin housing spokesperson Eoin Ó Broin said it is “utterly unacceptable that neither the report or a summary has not been published”.

“This is a very serious report into very serious allegations. 

"Not only should it be published, but Government should say what actions have been put in place to prevent them happening again.”

• Paul Hosford, Deputy Political Editor