Written Answers Nos. 437-444
437. Deputy John Connolly asked the Minister for Housing, Local Government and Heritage for an update on the implementation of the Galway Metropolitan Area Strategic Plan; and if he will make a statement on the matter. [71033/25]
View answerThe Regional Spatial and Economic Strategy (RSES) developed by the Northern and Western Regional Assembly (NWRA) sets out a co-ordinated Metropolitan Area Strategic Plan (MASP) for the Galway Metropolitan Area and it provides a framework for development plans and investment prioritisation over the plan period.
The monitoring of implementation of MASPs, as a key part of the RSES, including through the publication of monitoring reports, is a function of the respective regional assemblies.
Accordingly the Deputy may wish to address this query to the NWRA.
438. Deputy John Connolly asked the Minister for Housing, Local Government and Heritage the current timelines being met by An Coimisiún Pleanála for the assessment of planning appeals and planning applications made to An Coimisiún Pleanála; and if he will make a statement on the matter. [71034/25]
View answerAn Coimisiún Pleanála (An Coimisiún) is the national independent statutory body with responsibility for the determination of planning appeals and direct applications for strategic infrastructure and other developments under the Planning and Development Act 2024, as amended, and certain other Acts.
The Planning and Development Act 2024, includes a number of new provisions relating to An Coimisiún Pleanála, as part of a significant restructure. The Act will introduce statutory time periods for decision making for all consent processes, including, for the first time, for An Coimisiún Pleanála. This will bring increased certainty to the planning consent processes, for both the public and stakeholders involved in the delivery of key infrastructure such as housing and renewable energy.
For An Coimisiún processes, timelines are being introduced for appeals as well as the various consents applications made directly to them.
It is important to acknowledge that a certain percentage of cases, due to particular circumstances, such as complexity, requests for further information from applicants for permission or further submissions from other participants including third parties, will not meet the 18 week target.
The latest figures received by my Department from An Coimisiún Pleanála shows that 59% of all cases were disposed of within the 18 week target. Performance against this target continues to improve, as 77% of all cases disposed in October 2025 were within the target. 100% of large scale residential appeals have been disposed within the target in 2025. An Coimisiún's processes have continued to improve throughout the year, in preparation for the introduction of statutory timelines for planning decisions as part of the Planning and Development Act 2024.
Arrangements have been put in place by all bodies under the aegis of my Department to facilitate the provision of information directly to members of the Oireachtas. This provides a speedy, efficient and cost effective system to address queries directly to the relevant bodies. The contact email address for An Coimisiún Pleanála in this regard is Oireachtasqueries@pleanala.ie
439. Deputy Ken O'Flynn asked the Minister for Housing, Local Government and Heritage the number and type of sanctions imposed by the Property Services Regulatory Authority on licensed property services providers following anti-money-laundering compliance audits in each of the past five years; the number of cautions, formal directions, financial penalties, licence suspensions, licence revocations and referrals to An Garda Síochána, Revenue or other competent authorities; and the policy framework that guides sanction selection in each case. [71050/25]
View answer440. Deputy Ken O'Flynn asked the Minister for Housing, Local Government and Heritage to outline the escalation procedures the Property Services Regulatory Authority is required to follow where an audit identifies that a property sale completed without the customer due diligence or identity verification required under the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010; whether the Department has issued guidance on required notifications to competent authorities; and to provide the timeline for each step in this escalation process. [71051/25]
View answer441. Deputy Ken O'Flynn asked the Minister for Housing, Local Government and Heritage the risk model used by the Property Services Regulatory Authority to select property services providers for anti-money-laundering audits; the proportion of high-risk licensees subject to more frequent inspections than the standard five-year cycle; and whether the current model aligns with the property sector risk profile in the National Risk Assessment for Money Laundering and Terrorist Financing. [71052/25]
View answer442. Deputy Ken O'Flynn asked the Minister for Housing, Local Government and Heritage the staffing levels and specialist expertise available within the Property Services Regulatory Authority for anti-money-laundering supervision; the number of inspectors assigned to AML audit work in each year since 2021; the specialist AML training completed by those inspectors; and whether additional staffing or expert support will be allocated in 2026 to strengthen oversight. [71053/25]
View answer443. Deputy Ken O'Flynn asked the Minister for Housing, Local Government and Heritage how he reconciles the identification of only three non-compliant businesses out of 1,761 anti-money-laundering audits in the period 2021 to 2025 with the risk profile for the property sector set out in the National Risk Assessment for Money Laundering and Terrorist Financing; whether his Department has reviewed the PSRA’s audit methodology and recording of non-compliance; and if he will make a statement on the matter. [71054/25]
View answerI propose to take Questions Nos. 439, 440, 441, 442 and 443 together.
In 2016, the then Minister for Justice appointed the Property Services Regulatory Authority (PSRA) as the competent authority for the Property Services Sector under the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (AML Act). PSRA has responsibility for monitoring and taking measures, where appropriate, to ensure compliance with this Act.
In general, Anti-Money Laundering (AML) audits are undertaken approximately every five years. However, the AML Risk Matrix makes provision for early intervention in instances where the PSRA considers an audit is warranted sooner.
The PSRA operates under a Risk Assessment matrix which has regard to the AML National Risk Assessment rating of medium/low for estate agents in Ireland. This matrix was developed to identify and select Property Services Providers (PSPs) requiring an AML audit.
The PSRA currently has a total of 20 warranted Inspectors available to undertake AML Audits. All PSRA Inspectors possess the necessary regulatory experience and are provided with training on an ongoing basis, with additional training provided in-house or by the PSRA’s external legal team.
Further assistance and advice, where necessary, is provided by the AML Unit of the Department of Justice, Home Affairs and Migration (DJHAM).
The figures for Inspectors assigned to undertake AML Audits for years 2021 to 2025 are outlined in the table below:
|
Year |
2021 |
2022 |
2023 |
2024 |
2025 |
|
No. of Inspectors |
15 |
20 |
17 |
19 |
20 |
Where an AML audit is undertaken and the PSP is found to be non-compliant with AML statutory requirements relating to Customer Due Diligence (CDD), the PSRA issues a direction as provided for under the AML Act. To ensure future compliance with CDD requirements, the PSRA will carry out a further AML audit on the licensed business within a twelve-month period.
During an audit, where the Inspector has reason to believe there is a possibility of money laundering having occurred, the Inspector is statutorily required to make and submit a Suspicious Transaction Report (STR) to both An Garda Síochána and the Revenue Commissioners for their necessary action and or investigation. In the last five years, the PSRA has issued three directions following AML audits. In addition, a total of 7 STRs were submitted by the PSRA to An Garda Síochána and the Revenue Commissioners.
In imposing sanctions, the PSRA has regard to the sanction provisions of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010.
The extensive work and engagement undertaken by the PSRA in the development of AML sector guidance; the provision of template documentation; and the statutory requirement for the sector to complete an AML module annually as part of their CPD statutory requirement all assist the Property Services Sector in meeting their AML statutory requirements and therefore compliance levels in the sector continues to be consistently high.
The PSRA’s role in respect of AML is reflected in the Key Performance Indicators reported annually in the Revised Estimates Volume for voted public expenditure, and in the annual Performance Delivery Agreement of the PSRA agreed with its parent Department in respect of its operations. This activity is further reported on in the PSRA’s Annual Report.
To ensure that Ireland’s policies remain compliant with EU and international standards, the Department of Finance chairs the multi-departmental and multi-agency Anti-Money Laundering Steering Committee (AMLSC). The purpose of the Steering Committee is to provide a national, cross-sectoral forum for the oversight and active review of Ireland’s AML/CFT framework. This committee was formed in 2003, however, its Terms of Reference were extensively reviewed in 2021 and revised in 2022. The Terms of Reference of the committee can be accessed in the link below: assets.gov.ie/static/documents/terms-of-reference-irelands-anti-money-laundering-steering-committee-may-2022.pdf
The AMLSC has Standing and Associate Members. Standing members include the Departments of Finance, Justice, Home Affairs and Migration as well as the Central Bank of Ireland etc. The PSRA participates in the AMLSC as Associate Members.
444. Deputy Ken O'Flynn asked the Minister for Housing, Local Government and Heritage the additional supervisory powers and sanctioning tools he expects the Property Services Regulatory Authority to gain following implementation of the 6th Anti-Money Laundering Directive; the legislative timeline; and how these reforms will alter the Authority’s approach to repeated or serious non-compliance by property services providers. [71055/25]
View answerUnder the 6th anti-money laundering (6AML) package, changes are required to how anti-money laundering rules are supervised and enforced at national level.
The Directive requires that the administrative sanctions regime provided for in Article 56 of 6AML, applies where:
• there are breaches of the 6AML Regulation, either in combination with pecuniary sanctions for serious, repeated and systematic breaches, or on their own;
• there are weaknesses in the internal policies, procedures and controls of the obliged entity that are likely to result in breaches of the requirements and administrative measures can prevent the occurrence of those breaches or reduce the risk thereof; or
• the obliged entity has internal policies, procedures and controls that are not commensurate with the risks of money laundering, its predicate offences or terrorist financing to which the entity is exposed.
In addition to the sanctions currently provided for under the Property Services (Regulation) Act 2011, Article 56 of the 6 AML Directive requires that it must be possible for supervisors to apply sanctions including:
• imposition of a financial penalty on the person of up to a maximum of €1 million or twice the benefit derived from the breach, whichever is higher (only for certain breaches). The maximum financial penalty that can currently be imposed under the 2011 Act is €250,000;
• requiring the divestment of activities;
• issuing a public statement which identifies the natural or legal person and the nature of the breach;
• requiring changes in the governance structure; and
• imposing a temporary ban against any person discharging managerial responsibilities in an obliged entity, or any other natural person who has been held responsible for the breach from exercising managerial functions in obliged entities.
The Directive further requires:
• if an administrative sanction is imposed, it must be accompanied by a binding deadline for implementation;
• it must be possible to impose periodic penalty payments; and
• decisions on sanctions are to be published.
Work on the necessary transposing legislation is currently underway by the Departments of Finance and Justice, Home Affairs and Migration, in consultation with relevant stakeholders. The above-mentioned elements will be transposed via the PSRA's existing sanctions procedures.
The transposition of the Directive is to take place by July 2027.
