The chairman of An Bord Pleanála had extensive correspondence with the senior barrister examining “matters of concern” in planning for months before she finally delivered her long-delayed report into the turmoil in the body in recent days.
An Bord Pleanála issued an online statement on Monday saying the chairman, Peter Mullan, has received a report from Lorna Lynch SC after her scoping investigation. The development comes more than two years after the quasi-judicial authority was rocked by claims of impropriety in its decision-making.
Internal files, released under the Freedom of Information (FOI) Act, show dozens of emails between Mr Mullan and Ms Lynch after his appointment last January. He was formerly interim chairman.
FOI access to the content of the emails was denied, although the planning authority said the schedule of records embraced “substantive rather than peripheral” correspondence. All told they exchanged 37 emails between January and May.
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The reasons for the correspondence remain unclear, although Ms Lynch’s investigation was carried out under instruction from the chair of the planning body.
“Releasing the requested information could significantly compromise the integrity and effectiveness of the ongoing investigation,” An Bord Pleanála said in a FOI ruling after The Irish Times appealed its original decision to block access to the emails.
“Disclosing sensitive details might reveal specific aspects of the investigation, potentially hindering the collection of accurate and comprehensive information and undermining the outcome of it.”
An Bord Pleanála declined to discuss the emails and had nothing to say about the barrister’s conclusions: “The chairperson has received the report of the scoping investigation and is now considering its contents before taking any further step on the matter. The chair has no further comment to make at this time.”
The authority also declined to disclose the barrister’s fees, saying that was necessary to protect her “commercial interests”.
Ms Lynch was engaged by An Bord Pleanála in January 2023 to scrutinise hundreds of case files for any “conflicts of interest and objective or actual bias.”
She was also asked to investigate the allocation of files to board members and inspectors and to examine officials’ statutory declarations, amendments to inspectors’ reports and communications with external parties outside formal channels.
Her appointment came months after the resignation of former deputy chairman Paul Hyde, who later received a suspended prison sentence for failing to declare certain property interests. He pleaded guilty to two charges.
After prolonged upheaval in An Bord Pleanála and the emergence of serious delays in the processing of case files, the Lynch investigation was part of the effort to revive public confidence in the authority.
Still, the barrister’s findings were repeatedly delayed. After an apparent data breach in April, she asked witnesses to destroy electronic copies of her redacted draft report which was circulated to multiple individuals for comment before the final report was settled.
In an email at that time to the Department of Housing, Mr Mullan said the breach wasn’t a matter for him: “In my view that isn’t a matter for ABP.” That email was released by the department.
Neither Minister for Housing Darragh O’Brien nor his department have seen the conclusions, the department said. “The report is entirely a matter for An Bord Pleanála, who initiated this exercise.”
When the investigation started, An Bord Pleanála staff were told Ms Lynch’s appointment was agreed with the department “who would of course need to be involved if issues have to be referred to the Minister”.
There was no comment from An Bord Pleanála on whether Ms Lynch found any current or former board member should be referred to Mr O’Brien for any stated misbehaviour.
Similarly, there was no comment on whether she found any disciplinary procedure should be initiated in relation to any employee of the authority. Neither was there any comment on whether she had made findings about the work or performance of any former employees.
The files show nine emails between Mr Mullan and the department on the Lynch investigation after January. There were no records of any discussion in that period at the board of An Bord Pleanála.
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