Mayo independent councillor considering judicial review of SIPO findings

THE actions of two elected members of Mayo County Council, who were found by the Standards in Public Office Commission (SIPO) to have contravened a code of conduct for elected representatives, were severely reprimanded by their fellow councillors at the monthly meeting of the authority today.

The councillors involved are Frank Durcan (Independent) and Cyril Burke (Fine Gael).

Both were found by SIPO at a lengthy hearing last year of contravening section 168 of the Local Government Act.

It also found that the chief executive of the council, Peter Hynes, had not committed a breach of the same legislation.

Before absenting himself from the debate, Councillor Burke said he has no intention of seeking a judicial review. He did not think it would be fair or proper for him to do so.

However, he said he was “extremely disappointed that two minor findings against me have been upheld by SIPO” and that “I have no right of appeal."

After making a brief statement to the meeting in which he welcomed the fact that the Standards in Public Office Commission “after an intensive and exhaustive investigation had found not a single shread of evidence of any wrongdoing on my part.”

“I welcome their findings in my case and complete vindication,” Mr. Hynes said in a statement which was read to the meeting.

He also launched a blistering attack on Councillor Durcan, saying he had instigated “another melodrama."

“It is a matter of considerable regret that Mayo County Council has again been the subject of another melodrama instigated by Councillor Durcan. This latest saga has again wasted time, resources, effort and energy," he stated.

Mr. Hynes then left the meeting, delegating authority to John Condon, Director of Services.

Councillor Durcan, in a passionate contribution, described the SIPO hearing as “a travesty of justice.”

He added: “I am completely and utterlty innocent of all charges against me."

Councillor Durcan said he wanted to know why the SIPO hearing was held in private.

Mr. Condon replied that the commission is entitled in law to hold the hearing in private.

Councillor Durcan: “We have to bring it all to the grave. We can never disclose what happened in that room over six days. I don't think that is democracy in any shape for form."

Councillor Durcan explained that he was seeking legal advice as to whether or not he should seek a judicial review.

Mr. Condon told the meeting that Councillor Durcan had told the commission he was innocent but they still had made two serious findings against him.

Mr. Condon said it was an option for the council to take no action but that would be sending out a message that this type of behaviour is tolerated.

Councillor Gerry Ginty (Ind.) said it was inexcusable for the chief executive to make an attack on one councillor involved and not the other.

Describing the episode as “a sick saga," Councillor Ginty said he was appalled to read the commission's report but also appalled that the Dublin hearing was held in private.

The Fianna Fail whip on the authority, Councillor Damian Ryan, proposed, and Councillor Jarlath Munnelly (FG) seconded, a proposal that the council accept the commission's findings and condemn both councillors' actions in the strongest possible manner.

In his departing words, Councillor Durcan again protested his innocence stating: “I know I am innocent. I can put my head on my pillow tonight and sleep peacefully.”

Turning his head to other councillors he added: “Gentlemen, I hope ye can say the same thing”.

Councillor Gerry Murray (SF) said he was conscious of the fact that Councillor Burke will have to go before the Fine Gael National Executive on the matter.

He added that sometime in the future he would like to know what the proceedings had cost the local authority and SIPO.