THE FATE of three Wicklow councillors hung in the balance after the county manager told them they were no longer allowed to serve on the local authority.
Independent legal advice from an eminent senior counsel says that Nicky Kelly (Lab), Tommy Cullen (non-party) and Pat Doran (FF) cannot serve as councillors because they owe the council almost €185,000 in an unpaid legal bill.
Yesterday a meeting of Wicklow County Council was adjourned after the legal advice from James Connolly SC was presented to elected members.
It said that because the three men did not pay the bill within seven days of it being finalised by the Taxing Master of the High Court last December, they are automatically disqualified from holding office for five years.
They cannot vote or participate in council meetings and the disqualification is automatic. Their fate will be formally decided by their colleagues at a council meeting next week.
Mr Connolly said that under the Local Government Act 2001, the councillors should have been disqualified since December 29 last and that county manager Eddie Sheehy could not suspend or lift the disqualification.
The dispute centres on legal action the three politicians took after Mr Sheehy refused to honour a Section 4 planning motion directing him to refuse permission to convert a milking parlour at Redcross into a pet crematorium in 2000. At the time he warned councillors that they would be responsible for legal costs if a case was taken to the High Court.
In February 2003 the court found in favour of the manager and awarded costs against the three councillors. None of the councillors were available for comment last night.
A full council meeting is expected to take place next Monday, and it is unclear if councillors Kelly, Cullen or Doran will be in attendance.
The disqualification also calls into question if decisions made by Wicklow County Council since last December are legally binding because the three councillors voted on them.
The council's law agent notes: "Counsel (James Connolly SC) is of the view that at this stage it appears the relevant councillors cannot participate or vote at any council meetings.
"The disqualification operates as a matter of law and is not a matter which gives rise to any flexibility or discretion to the county manager in relation to avoiding the disqualification." He added that it would be inappropriate for the trio to take their seats in the council.
While county manager Eddie Sheehy might be allowed come to an arrangement over the legal bill, he cannot allow them serve as councillors.
The advice says that once the Taxing Master put the amount owed to the council at €184,985.29 on December 21 last, the bill should have been paid within seven days and failure to do so brings automatic disqualification.
The three councillors have appealed the case to the Supreme Court. The council meets again next week.
Paul Melia
© Irish Independent
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