TDs to be kept in council loop

CALLS for Ennis Town Council to refuse to accept representations by Oireachtas members have been rejected by the local authority.

 

At this week’s meeting of Ennis Town Council, Councillor Brian Meaney expressed his “disappointment” at the “proposed abolition of town councils and the refusal of Clare TDs to in any way contribute to the costs of running Ennis Town Council’s services, despite their ongoing representations to avail of these services”.

This comes after the local authority wrote to the county’s TDs following a suggestion by Councillor Meaney, seeking a voluntary contribution in lieu of exempted rates for their constituency offices.

At this week’s meeting, the councillor said he was disappointed with the responses from the Oireachtas members and he asked that the council cease to accept their representations and request that they direct representations to members of Ennis Town Council. Councillor Meaney urged that at a time when the future of town councils is in doubt, that the council should no longer assist the Oireachtas members.

He argued the Oireachtas members should concentrate on national matters, requesting that the council “no longer assist the impression hawked by our Oireachtas members that they have a function in local authority matters”.

“I see this as a chance to do something concrete and send out a clear message. It’s time to stand our ground and make some kind of protest rather than the hollow rhetoric of motions expressing that we don’t agree with the abolition of town councils,” he said.

Leonard Cleary, town clerk, responded stating, “Ennis Town Council is obliged to have regard to the 2001  Local Government Act and the regulations commenced subsequently. In this regard the council is required to brief Oireachtas members on council services. The council is also required to engage with all other arms of the State, including the Oireachtas.”

Councillor Meaney recalled that, in 2010, the trade union IMPACT barred processing of all political representations from government party TDs, senators or local authority councillors, including Councillor Meaney himself. He proposed the council issue a Section 140 that would enable councillors to direct officials.

However town manager Ger Dollard stated that, as elected representatives, councillors and TDs have a duty to represent the people. He highlighted that according to the Local Government Act, “It shall be an objective of a local authority that systems, procedures and timeframes equivalent to those used by it in relation to correspondence from local authority members, also apply in respect of parliamentary representatives.”

The act continues that “It shall be an objective of a local authority to seek to deal with requests for access to information by a parliamentary representative as expeditiously as may be and in accordance with a proper level of customer service.”

Mr Dollard said even with a Section 140, the council would not be in compliance with the act if they refused Oireachtas representations.

Councillor Meaney suggested the motion be amended and that councillors could instead adopt a “blue flu” approach rather than ceasing to accept representations. He argued this would allow councillors to “show its displeasure at the fact that Oireachtas members seem to treat this chamber with distain”.
Mr Dollard reiterated he did not believe the actions would be legal.

Councillor Johnny Flynn said he could not support the motion, believing councillors should work with the county’s Oireachtas members. He pointed out the Association of Municipal Authorities of Ireland is seeking legal advice in a bid to challenge plans to abolish town councils.

Councillor Michael Guilfoyle on the other hand said he believed it was one of the better motions the council has seen. He said the abolition of councils by the government is “taking away the voice” of local representation.

Councillor Frankie Neylon said not supporting Oireachtas members would be “unfair” on the people who elected them, while Councillor Paul O’Shea described the matter “ridiculous”. Councillor Tommy Brennan noted decisions made by councillors are being made available to TDs, and he called for any letters addressed to councillors and council officials to only be made available to them.

The motion was not passed and Councillor Meaney acknowledged the position of the council as put forward by Mr Dollard with regards to the Local Government Act.