No PRTB decisions set aside - Gormley

MINISTER FOR the Environment John Gormley insisted yesterday that no decisions had been set aside because he illegally appointed two county councillors to the Private Residential Tenancies Board (PRTB). The board referees landlord-tenant disputes.

The appointment of Vincent Martin, a Green Party colleague from Monaghan, and Dessie Larkin, a Fianna Fáil councillor from Donegal, was raised in the Dáil yesterday by Labour leader Eamon Gilmore and environment spokesman Ciarán Lynch. Fine Gael's Phil Hogan, in a statement, called for an explanation from the Minister.

"Cronyism is not new in Fianna Fáil, but now we have incompetent cronyism," said Mr Gilmore.

Mr Gormley said that he would take no lectures from Labour on cronyism, claiming the party had brought it to a fine art. "We operate very transparent decision-making when it comes to appointments," he added. Three people associated with Labour had been appointed to boards.

Labour insisted that Mr Gormley make a personal statement to the House but the Minister dealt with the matter by way of an adjournment debate.

Mr Lynch said little consideration was given to the protocols clearly laid out in the Act.

Mr Gormley said the two appointees had attended five board meetings between July and September.

"While all decisions at those meetings were taken by consensus, and with an attendance well in excess of the quorum of five, the board took legal advice on the matter," he added.

"In the interest of legal certainty, they agreed that all cases considered at meetings, attended by the two gentlemen, should be considered afresh." This had been done last month, when approximately 120 cases were considered anew.

"Fresh determination orders and decisions were made and communicated thereafter to the parties," he added.

"I would like to take this opportunity to emphasise that no decisions were set aside, as stated in today's Irish Times. Every case in question was reviewed by the board, which then issued legally correct determination orders and decisions."

Mr Gormley said that when considering appointments some months ago, he was strongly of the view that a barrister member would be helpful. Accordingly, on June 30th, he had appointed Mr Martin, a barrister, and Mr Larkin, who had extensive experience.

Last month, he said, it had been brought to the department's attention that the appointments were made in error given that the Act precluded members of local authorities from board membership.

"This provision was overlooked in my department when the appointments were being made," he added.

"I know that Deputy Lynch will have no difficulty in principle with the fact that people I chose to appoint to this board were councillors," said Mr Gormley.

"I see that just yesterday his Labour Party colleague, Senator Michael McCarthy, was calling on the Government to allow councillors to continue membership of harbour boards."