Councillor asked to explain submission

ENNIS County Councillor Johnny Flynn was asked to explain why he made a submission to the Draft Ennis and Environs Development Plan Variation No.2, when he had removed himself from all discussions on the draft plan due to “a potential conflict of interest”.

Councillor James Breen raised the matter at Monday’s meeting of Clare County Council when Councillor Flynn asked to be excused ahead of the discussion on the draft plan, which was later adopted by the council.
Prior to leaving the room, Councillor Breen asked Councillor Flynn to explain if he had a conflict of interest, why did he make a submission to the draft plan?
Councillor Flynn said he did so because under statutory framework regarding ethics and code of conduct for county councillors, he was not precluded as a resident and a citizen from making a submission.
Councillor Breen then asked his colleague if he could explain the difference between the written and spoken word in this situation.
Speaking after the meeting, Councillor Breen said he asked for the explanation because he felt Councillor Flynn “shouldn’t have any hand, act or part in the process if he has a vested interest in it”.
Councillor Flynn told The Clare Champion after the meeting, he did not have a vested interest but withdrew from the process as a county councillor because of a “potential conflict of interest”.
Having sought independent legal advice on the matter, Councillor Flynn explained that under the 2001 Local Government Act, an ethical framework and regulation and the code of conduct for councillors was published by the minister for environment and having referred to this legislation, he felt he should disclose a potential conflict of interest.
“Because of my engineering profession, having worked as a consultant engineer in Ennis and Clare, before my election to the council, my profession was deemed a declarable interest and also due to my own commercial interest in renewable energy and in business. For those reasons I disclosed a potential conflict of interest nearly 12 months ago and informed the registrar I would not attend or participate in the decision-making [in the Ennis and Environs Development Plan] in my capacity as councillor. The ethics framework and code of conduct doesn’t preclude a councillor in his or position as a resident and citizen from making a submission to the manager under the public consultation process because it is an open and transparent process,” Councillor Flynn stated.
Councillor Breen felt that if Councillor Flynn did not have a “vested interest” he should have stayed at the meeting and he “should have voted”.
Councillor Flynn clarified that he “does not have a conflict of interest at this point” but that when his term of office with the council is up, he “may go back to practice as a consultative engineer”.
“The code of conduct is very clear on the making of plans and one of the declarable roles is persons involved in the development of land, civil engineers and I considered that I needed to declare that. The process has been beneficial in that there is an ethical framework to be complied with by councillors to disclose any potential conflict and to withdraw. The legal obligation is on the individual councillor to comply. Those two things are there to ensure public confidence and the integrity of the local government and, in particular, the integrity of the planning system. The ethics legislation is there to protect the public interest and all the guidance is that if in doubt stay out,” he concluded.