Secret society or defender of the public interest? Liam Reid and Paul Cullen look at why a recent planning objection once again put An Taisce on the spot
Minister for Environment Dick Roche has labelled it "fascist" and critics routinely attack it as a secret society run by "Dublin 4 snobs" who prevent rural people building family homes on their land.
Environmental group An Taisce, it is fair to say, is not the most popular organisation in certain parts of Ireland.
This month, it copperfastened a reputation as the country's most controversial voluntary body with its objection, since withdrawn, to a planning application by Irish Times columnist Fintan O'Toole to quadruple the size of his holiday home at Ballyvaughan, Co Clare.
In describing the development proposed by O'Toole - a long-time defender of the organisation - as "criminal", the Clare branch of An Taisce managed to shoot the environmental movement in both feet, to the undisguised glee of its critics.
The controversy, which ended with an apology to the journalist and the withdrawal of the objection on the instruction of the Dublin head office, has once again placed An Taisce in the full glare of hostile publicity, with opponents querying its privileged role in the planning process and its levels of accountability.
The most ardent critic of An Taisce is the Irish Rural Dwellers Association, established in 2002 to campaign for the right to housing in rural areas. Its secretary, Jim Connolly, believes An Taisce's statutory role in the planning process should be removed for two reasons. "The first is that it is a secret society that refuses to publish the names of its members." This, he says, is a contradiction of democratic principles. "My second reason is that people have an absolute right to objectivity and fairness." He claims that An Taisce is neither fair nor objective in its guidelines on one-off housing.
Under the planning acts, An Taisce has to be informed of all planning applications in areas of scenic beauty or amenity value, or where architectural, archaeological or environmental issues are at stake. There are about 20 so-called "prescribed" bodies that have this right, but An Taisce, as the only non-State body on the list, operates on a much longer leash than the likes of the Heritage Council or Fáilte Ireland. Each year, it makes up to 4,000 submissions to local authorities on planning matters.
"This means An Taisce's views, if submitted, will always be taken into account," says Henk Van der Kamp, president of the Irish Planning Institute. "But it doesn't mean they take precedence over any others. Ultimately, the decision rests with the local authority."
The area of greatest contention is the appeal stage to Bord Pleanála. Each year, An Taisce makes about 300 appeals to the board, of which more than 90 per cent are upheld. Van der Kamp says An Taisce exercises a huge influence here because, without its intervention, many planning cases would not end up before the board, which tends to be stricter than the local authorities.
ONE CONTRIBUTOR TO an architectural website likens the planning system in the west of Ireland to clay pigeon shooting: "As soon as An Taisce pulls the lever, the board blasts the poor unfortunate appeal from the sky."
Unlike the average citizen, An Taisce pays no fees for making submissions on planning applications and reduced fees for appeals to Bord Pleanála.
It galls many rural activists that third-party objectors from outside an area are able to object to a development, but Van der Kamp says this is a long-established principle that works well. It is, however, unique to Ireland, he points out; other countries draw up more precise plans for developing an area while our system leaves such detail to individual planning applications.
An Taisce director Gavin Harte rejects claims that the organisation works in a secretive manner. It has often been claimed that submissions from An Taisce are filed confidentially, but he says this simply isn't true. The objection to O'Toole's plans was filed by a named official of the Clare branch, for example. However, some local authorities interpret the planning legislation as meaning they cannot disclose submissions until a decision is made.
An Taisce's structures and funding have also come under scrutiny. The oldest and largest environmental organisation in the country, it was established in 1948 - as a mirror version of Britain's National Trust - to take ownership of and look after historic properties and environmentally significant sites. It has developed a much larger remit covering environmental protection, education and, of course, planning.
With headquarters in Tailor's Hall, close to Dublin's Christ Church cathedral, it employs 17 staff, although only two are involved in planning issues.
It claims 5,000 members across the country, including a considerable number of children. Anybody is welcome to join, if they have the €35 a year membership fee, but not if they are deemed to have a "vested interest".
In 2002 it returned the membership fees of three people, including a Co Galway auctioneer, accusing them of joining in order to "infiltrate" An Taisce and influence its policies in favour of property developers.
Harte sighs when the criticisms about An Taisce are put to him. "Our planning role is only part of what we do," he explains, adding that most of its staff and budget are devoted to educational programmes such as the Green Schools project and the Blue Flag beach programme.
In the job for seven months, 40-year-old Harte is the first full-time director of the body and is very much becoming its public face. Originally from west Cork, he has a master's degree in sustainable development and has spent the last five years heading the Village project in Cloughjordan, Co Tipperary, which aims to create an environmentally sustainable community.
Keen to reject its image as a secret, unaccountable society, his appointment represents a serious attempt by An Taisce to address its image problem, which has seen its membership dip from 12,000 in the 1980s.
The organisation is set up as a limited company, and the most recent accounts lodged at the Companies Registration Office show an annual income of almost €440,000. The directors are listed as Frank Corcoran, Eric Conroy and Éanna Ní Lamhna.
Ní Lamhna, the scientist and broadcaster best known for her weekly contributions to RTÉ Radio 1's Mooney Goes Wild, is its president. One of the most respected environmentalists and naturalists in the country, while her position is largely that of a figurehead, she has carried out numerous interviews about An Taisce in an attempt to address its image as a faceless society.
FROM THE NAMES of committee members published on its website, there is no indication of any specific political bias. There are Green Party members such as Fingal councillor David Healy, but most of those named have to date shown no political affiliation.
However, at least one PD candidate in the last local election was a member of An Taisce, and the barrister and Fine Gael activist Colm MacEochaidh is closely associated with the organisation.
Committed activists in An Taisce are grouped around 15 or so local organisations, of no more than 40 members each, scattered around the country.
These local bodies in turn send delegates to a 50-person ruling council. This then elects a board of management and other committees. Apart from the board and committees, the names of members - including the local activists in parts of the country - are not published, which is at the root of the accusations of secrecy. An Taisce justifies this position, pointing out that few voluntary bodies publish their entire membership list, and that members could be subject to intimidation in various parts of the country if this were done.
Its planning work is funded by membership subscriptions, donations and bequests, with the only State funding coming from a €5,000-€6,000 share of an annual block grant to environmental NGOs.
The organisation has had its fair share of in-fighting and disagreements. Five years ago there were reports of power struggles as some members raised concerns about the concentration of the body on planning issues at the expense of its other roles.
More recently, there were disagreements over staffing and funding levels which led to the resignation in 2004 of An Taisce's then chairwoman, Stephanie Bourke.
Two Cabinet ministers (including Roche when he was a junior minister in 2004) have called for the removal of An Taisce's rights under planning legislation. Roche has yet to act on this previously held opinion.
Councillors in almost every part of the country have also criticised these rights, claiming it has been used to further personal agendas, including a bizarre allegation in Co Donegal that some objections were motivated by religious bias.
Ian Lumley, long-time activist and now full-time heritage officer with An Taisce, comes in for particularly fierce criticism in many parts of the country. His name is on a considerable proportion of the observations An Taisce makes in a year.
LOCAL ASSOCIATIONS ARE generally responsible for making observations on initial planning applications in their areas. Where there is no local association, Lumley takes on this role. Lumley and An Taisce's head office also oversee and approve appeals to An Bord Pleanála.
Harte rejects the idea that a voluntary private body should not have a role in planning, and says it is a long-established practice in other countries as well. "An Taisce is proud of its role in the planning process, and has ploughed a lonely furrow at the time of a boom economy driven by property development," he says.
While it endeavours to take a scientific approach to its role, he admits An Taisce can make mistakes, and could be open to abuse by local activists pursuing personal agendas. "Planning can sometimes prompt a more emotive response and sometimes this can lead to an excess of well-intentioned zeal."
Harte says An Taisce has a series of checks and balances to prevent abuse by members. "All appeals to An Bord Pleanála have to be approved by the national office." It is also drawing up a booklet for local organisations that are involved in planning submissions, in a bid to reduce this effect.
He adds that if people have any concerns about the submissions of a local organisation, they should contact An Taisce's head office. "If it is brought to our attention, we will investigate, and if necessary take action." He points out that this happened in the O'Toole case, and admits similar incidents will re-occur. "This will happen again, and again I will hold up my hands and admit that a mistake has been made."
However, there is no plan to remove the involvement of the local organisations from An Taisce's planning role. "The principle of subsidiarity is very important for An Taisce, but, yes, it's not perfect."
Harte says it suits local councillors to use An Taisce as a "whipping boy" when constituents' planning applications are rejected by the planners. "Playing the scapegoat is a role we've served very well."