Dáil Éireann Debate, Tuesday - 7 July 2026
451. Deputy Peadar Tóibín asked the Minister for Housing, Local Government and Heritage if he will direct his Department to publish the 2017 review into Donegal County Council planning matters by a person (details supplied) with all personal identifying data completely redacted; if not, the specific legal provision that prevents an anonymised version from being made public; and if he will make a statement on the matter. [51180/26]
View answer452. Deputy Peadar Tóibín asked the Minister for Housing, Local Government and Heritage the exact date his Department last sought legal advice from the Attorney General regarding the release of a report (details supplied); the specific conditions or legal benchmarks that must be met before this document can be published; and if he will make a statement on the matter. [51181/26]
View answer453. Deputy Peadar Tóibín asked the Minister for Housing, Local Government and Heritage if he has exercised his Ministerial discretion to weigh the public interest in transparency against the privacy rights of individuals named in a report (details supplied); his Department's definitive timeline for resolving this matter; and if he will make a statement on the matter. [51182/26]
View answerI propose to take Questions Nos. 451, 452 and 453 together.
I am considering the report, entitled 'A Review Into Certain Planning Matters in Respect of Donegal County Council', by Mr. Rory Mulcahy S.C., and will bring this matter to Government for consideration in due course.
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 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.
Further, regarding the publication of the Mulcahy Report, the decisions of the Commissioner for Environmental Information (OCE-103174-W9G4J2 (Legacy Reference CEI-18-0019)) of 13 February 2019 and the Information Commissioner (OIC-59426-Q8D7T8) of 27 February 2020 in relation to requests to publish this report will also be taken into account. Both decisions are publicly available on those bodies' websites.
It should be noted that in each of these cases, both the Commissioner for Environmental Information and the Information Commissioner decided not to grant access to the report. The Office of the Information Commissioner decision stated "placing the details concerned in the public domain would significantly breach the rights to privacy of identifiable individuals." Furthermore, the decision of the Office of the Commissioner for Environmental Information notes that the report does not contain "significant "wider" recommendations" that could be applicable to the planning system as a whole.
Therefore, the publication of the report, or any summary which may allow the identification of individuals, requires careful consideration given that the report details unproven allegations against named persons.
