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    SIPO’s investigation of Tommy Reilly and Liscarton: a case-study in money, deflection, silence and the collapse of national ethics-gatekeepers

    By Frank Connolly a 35-acre site at Liscarton was purchased for €500,000 in 2016 and placed on the market for €4.2m a year later, after rezoning A public inquiry by the Standards in Public Office Commission (SIPO) (13 and 16 June) into the conduct of former Meath County Council Chairperson and Fianna Fáil councillor Tommy Reilly has exposed a system of institutional laxity, media laziness and ethical failure that stretches far beyond the boundaries of Liscarton, near Navan. At the centre of the controversy is a 35-acre site, purchased for €500,000 in 2016 and placed on the market for €4.2 million a year later after the lands were re-zoned from agricultural to light industrial use in July 2017. Planning permission for development was granted in June 2018 by a Council in which Reilly played a key role. In 2017, the National Transport Authority questioned the rationale of developing enterprise activities at a location so far from Navan town centre with few or no public transport services to the site stating: “The new employment zoning at Liscarton is inappropriate as it is contrary to the planning principles set out in Section 7.1.2 of the Transport Strategy”. Two of Reilly’s sons, Ciarán and Tomás, are directors of the company that owns the land. Planning permission was granted in 2018 by Meath County Council in which Reilly played a key role. Two of his sons are directors of the company that owns the land The complaint that brought the case to the attention of SIPO was not made by a political rival, insider, or whistleblower. It was submitted in March 2022 by Village’s editor, Michael Smith,  documenting alleged breaches of the Local Government Act and the Lobbying Act, among other laws, primarily on the back of this  article by me: https://villagemagazine.ie/meath-council-investigates-potential-conflict-of-interest-in-major-land-re-zoning/.  The article revealed how Tommy Reilly attended a number of meetings where the re-zoning of the lands at Liscarton was discussed by members and officials of MCC from 2016 was present at a pre-planning meeting with his son Ciaran and participated at meeting when zoning was approved in July 2017. He withdrew from the meeting but did not disclose the reason for his potential conflict of interest.  The NTA questioned the rationale of developing enterprise activities at a location so far from Navan with few public transport services The complaint to SIPO by Smith alleged, inter alia, that “S 4.5 of the Code of Conduct under the 2001 Act also notes that “The 2001 Local Government Act also provides that where a councillor has actual knowledge that a matter is going to arise at a meeting at which s/he will not be present, but if s/he were, a disclosure would be necessary, then in advance of the meeting s/he must make such disclosure in writing to the Ethics Registrar. This provision was breached by Councillor Reilly, as he confirmed to Village that he knew about Ciaran Reilly’s interest when he met him in his son’s shop and canteen in advance of the re-zoning in July 2017. From the beginning, the institutional response has been marked by deflection, minimisation and delay. The SIPO hearing itself was postponed twice, including once following a request by Reilly just before the last local elections. When it finally proceeded in June 2025, media and others were given just four days’ notice, effectively suppressing public awareness. On the first day of the hearing, SIPO unilaterally dropped some of the most serious allegations – including breaches of the Lobbying Act, without consulting the complainant. Smith said “there can be little in life as unrewarding as making a complaint to SIPO”. He said the misery of involving himself in the process was “compounded by the fact that nobody in the media reports accurately what is going on, less still what is at stake”. Reilly, who served on Meath County Council from 1996 until he lost his seat in 2024, portrayed himself as a victim. He told the Commission on Monday, 16th June, that he had been “tortured” for six years, lost his livelihood, and was attacked on social media by what he called a “certain group of political people”.  For the first time in 63 years, he claimed, he was asked not to canvass during an election. Reilly stepped down as a candidate for Fianna Fáil in a 2005 Dáil by-election following a controversy involving a land purchase with Frank Dunlop in 1997. At that time, he said he had been the subject of a witch-hunt by sections of the media. In his testimony, Reilly insisted he only learned of his son Ciaran’s interest in the land in early July 2017when his son asked him how he would go about making submissions on the development.. He had asked his son “for what?” and Ciaran had told him he had bought land at Liscarton. Mr Reilly senior said he had been shouting about the “cow plot” at Liscarton for years because he wanted it to be put to community use. There had been so many small businesses in Navan operating from the backs of houses and that had become unsafe. He said he replied to his son that he could have nothing to do with the land and to proceed without him. He had taken no action at that stage but when the date of the meeting came he spoke to an official who told him he did not have to leave the council meeting on 19th July 2017 because he had no financial or other interest in that land at Liscarton. That unnamed official was not held to account for that advice. But he admitted he did not specify the nature of the conflict and failed to update his declaration of interests. “I find it all very confusing”, he said, adding: “My son was involved. I knew that much. Was that not enough?”.  The media seemed not to be too concerned whether it was or wasn’t, even though a €3.7m paper profit was in play. The facts suggest it

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    Over 17,000 dwellings stuck in judicial review system, property group tells Minister

    By Conor O’Carroll. More than 17,000 dwellings are currently stuck in the judicial review process, according to property group Irish Institutional Property (IIP). The figures were shared with Minister for Housing, Darragh O’Brien in November last year as part of a submission made by the lobby group in relation to the Planning and Development Bill 2023 and subsequently released to Village Magazine. The vast majority of these dwellings are located in Dublin, with close to 14,000 subject to judicial review and a further 1,975 located in the Greater Dublin Area. The next highest locality is Cork, with 285 dwellings, followed closely by Galway with a further 223. The remaining cases are spread across the country. IIP highlighted some of the cases that are currently stuck in the system, including a 416-home development “on an inner Dublin canal brownfield site designated for strategic redevelopment”. Planning permission for this development was granted in 2020 and has been upheld “following five High Court judgments and a reference to the Court of Justice of the European Union”. The case is now with the Supreme Court awaiting to be heard “on an emergency basis”. Another development, also in Dublin, includes 191 homes in Dún Laoghaire granted permission in 2021. The date for the judicial review case is still pending and may be subject to further appeal or reference to Europe, which IIP say would cause another delay. Figures from An Bord Pleanála show that 95 applications for judicial review of planning decisions were made to the High Court in 2022, a joint record tied with 2021. The planning body also spent almost €10 million in legal fees in 2022, up from €7.6 million the year previously. Of the 20 substantive cases heard during 2022, An Bord Pleanála won 11 of them, however, they also conceded 35 cases over the course of the year while a further 14 cases were either withdrawn or discontinued by the applicants. The number of applications has close to doubled since 2017, when Strategic Housing Developments (SHDs) were introduced. These SHDs have been criticised for contributing to the problem, as they bypass the normal planning process of governed by local authorities and are decided directly by An Bord Pleanála. The vast majority of these dwellings are located in Dublin, with close to 14,000 subject to judicial review and a further 1,975 located in the Greater Dublin Area A recent report from construction consultancy firm, Mitchell McDermott, found that over 8,000 of these SHDs are being held up by judicial reviews. However, the report also found that plans for over 20,000 SHD homes are awaiting a decision from An Bord Pleanála and that a further 31,000 homes have secured planning permission but have yet to commence construction. IIP says the delays caused by judicial reviews puts pressure on the construction industry to complete the approved developments before the time limit on the planning permission runs out. With the standard duration of planning permission lasting 5 years, multi-year delays can leave the developer with an impossible task of construction, requiring an extension to permission. The new Planning and Development Bill, which was published in full shortly after the submission from IIP, substantially reforms the judicial review process, including a fast-track process aimed at hearing cases quicker and changing who can bring forward judicial reviews. Figures from An Bord Pleanála show that 95 applications for judicial review of planning decisions were made to the High Court in 2022, a joint record tied with 2021. The planning body also spent almost €10 million in legal fees in 2022, up from €7.6 million the year previously Under the provisions in the Bill, constraints have been placed on residents associations that will limit their ability to appeal decisions. These groups will be prohibited from launching a judicial review unless they have a constitution and a two-thirds majority vote to bring a judicial review to court. The names and addresses of those who voted in favour will also be submitted as part of the court documents. These limitations will likely reduce their ability to challenge decisions, such as in 2020 when a development of 657 residential units in Raheny, Dublin was halted following an appeal to the High Court. Judicial review applicants will also need to have “exhausted any available appeal procedures” before a case can be brought before the courts. Environmental NGOs have also been hamstrung in the reforms, with requirements placed on them to fulfil obligations such as being a company with more than ten members before they are permitted to bring a case. Critics of the Bill say that these changes to the judicial review system are designed to scare local groups from contesting planning decisions and restricts the fundamental right of citizens to hold the government to account. The Bill commenced the Committee stage of the legislative process last week.

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    Department rushes and fumbles new planning legislation, under unexplained  pressure: A  timeline  of U-Turns

      By J Vivian Cooke. The Planning and Development and Foreshore (Amendment) Bill 2022 is currently — precipitously — accelerating through the Houses of the Oireachtas. In part, it will facilitate the appointment of Oonagh Buckley as interim head of An Bord Pleanála (ABP). Village has expressed grave and detailed concerns about this process.   From July until the end of November, the Government took quite a relaxed attitude to the operation of ABP as its Chair and Deputy Chairperson resigned in turn. It is only in recent weeks that a sense of urgency has been injected into the Department’s legislative efforts. Indeed, that urgency has translated into an indecent haste and worrying vacillation.  Perhaps Attorney General, Paul Gallagher, is conscious that he is about to be replaced and is zealous in his determination to get this Bill passed before then.   The Department has changed its mind, changed its explanations and changed its plans with a bewildering frequency. And still, at this stage, there are more changes expected and announced.   It is helpful to put the key events in sequence.   Second half of 2021 – (following much chat of how the AG is determined to effect necessary changes) – Work begins on a comprehensive Bill to reform the Irish planning system   8 July 2022 Paul Hyde resigns as Deputy Chairperson of ABP following a debacle.   Casual vacancies in the position of Deputy Chairperson can be filled by the Minister where he directs that an ordinary member of the board should be Deputy Chairperson.   3 October 2022 Office of the Planning Regulator publishes its report on phase 1 of its review of ABP.   4 October 2022 Department of Housing publishes Action Plan in response which lists: individual actions to reform ABP.   Cabinet approves Action Plan.   The Cabinet does not approve any legislative changes but, rather, allows   the Department to begin drafting the PDF Bill to translate the Action Plan into a new statute.   3 November 2022   David (Dave) Walsh announces his intention to retire as Chairperson of ABP.   This adds a vacancy in the position of Chairperson to the vacancy in the position of Deputy Chairperson which, if unaddressed, would lead to the ordinary business of ABP grinding to a halt.   In response to Walsh’s resignation, the Department announces: “Minister O’Brien will now move swiftly to initiate the process of appointing a new  Chairperson and will also appoint a Deputy Chairperson as provided for under the Planning and Development Act, 2000”.   Clearly the intention at that time was to make two appointments. Under the current legislation, a casual vacancy in the position of Deputy Chairperson can be filled temporarily by a Ministerial appointment. However, the law does not provide for the appointment of a temporary or interim Chairperson and the vacancy created by Walsh’s retirement can only be filled by an appointment made through the process laid out in Section 105 of the Act.   9 November 2022    General Scheme of the Planning and Development and Foreshore (Amendment) Bill 2022 is published. This document contains only four Heads of Bills to reform ABP that amends: Section 104 (1 – 3) in order to increase the number of board members to 15 and allow the Minister to make further additions if required in future; Section 106 to change the method of appointing ordinary board members to replace panel composed of civic society bodies with an interest and expertise in planning with a committee appointed by the Minister to assist him in making appointments; Section 108 (1) (A – D) by increasing the quorum of the board acting by division from 2 two 3 members; and Section 110 (2) to change the grounds on which the Chairperson can investigate ordinary board members for misconduct and allow the Minister to seek a report from the Chairperson into suspected misconduct.   The General Scheme makes no new provision for either an interim Chairperson or accelerated building of social and affordable housing.   10 November 2022 Joint Oireachtas Committee on Housing, Local Government and Heritage hears submissions as part of the Pre-Legislative Scrutiny of the Bill.   In its submission, the Department notably does not mention its intention to legislate for an interim Chairperson or for the accelerated provision of social and affordable housing.   No indication is given that the government will unleash emergency procedures to secure the passage of the Bill before the Christmas recess.   22 November 2022 the Minister announces that Oonagh Buckley will be appointed interim Chairperson of ABP. He issues a statement that: “(T)he appointment of Ms. Buckley as an interim Chairperson will be effected through the use of Ministerial powers to appoint a Deputy Chairperson under existing provisions of the Planning and Development Act, 2000 as amended and further forthcoming amendments through the Planning and Development and Foreshore (Amendment Bill) 2022.”   This is a clear departure from the intention on 3 November to make two appointments – a Chairperson and a Deputy Chairperson.   In addition, it is clear that the Minister intends to fill the post of Chairperson, at least on a temporary basis, without using the appointment mechanisms required by Section 105.   Moreover, the statement prompts a number of queries as no timeframe for Buckley’s appointment is given and so it is not clear when, how and in particular         under what legal authority Buckley will be appointed interim Chairperson. Current legislation only allows for the appointment of a Deputy Chairperson for a period of 12 months and the details of the Bill as outlined by the Department to this point makes no mention of an interim Chairperson.   28 November 2022  The Department of Housing confirms that: “Oonagh Buckley will be seconded to the Dept. of Housing to become an officer of the Minister for Housing. Following that the planned appointment sequence is: The Minister appoints Ms Buckley as a temporary ordinary board member [Section 108(4)] The Minister appoints

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