Category: Local government

2007 – The magic year for property developers

During the week (Mon and Wed) Drivetime carried out a survey on the amount of money local authorities spent on social and affordable housing at the height of the property boom.

Reporter, Fergal Keane, described some of the findings as frightening.

According to Keane the state (taxpayer) is the biggest loser as a result of this buying spree because all these properties are now worth considerably less than the original price.

Some of the properties were bought from controversial people like, for example, those who were involved in propping up the Anglo Irish share deal.

Dun Laoighaire Rathdown:

€88 million in a three year period the bulk of which was paid out in 2007 – the magic year for developers.

Fingal County Council:

€252 million in the last five years. The Council refused to say who bought the houses or how much was paid for individual units on the grounds that they need written permission from those involved. Most of the houses were bought in 2007.

Cork County Council:

2004 – €930,000 for 6 two bed roomed houses.

2005 – €7.7 million for 42 units.

2006 – €12.67 million for 64 units.

2007 – €60 million on 231 social houses. Most of these houses were massively above the market price.

Galway City Council:

2003 – 1 house for €157,000.

2004 – 6 houses for €1.1 million.

2005 – 4 houses for €743,000.

2006 – 26 apartments for €4.48 million.

2007 – €37.1 million for125 houses. Six times more houses than the previous year at nearly ten times the cost.

Dublin City Council:

2006 – Bought 85 houses.

2007 – Bought 416 houses. Five times more than the previous year. Over half a million was paid for some of these houses.

In 2007 Dublin City Council was the biggest property buyer on the market. In the last five years the Council spent a massive €428 million on social and affordable housing, the bulk of which was bought in the developers magic year of 2007.

The most curious response to this survey came from Fingal County Council when they refused to say who bought the houses or how much was paid for individual units on the grounds that they need written permission from those involved.

This excuse is ridiculous and I believe illegal. If it was a legitimate response then we could, for example, have the local drug baron doing deals with officials and nobody would have the right to ask any awkward questions unless the local druggie agreed to release the information.

National Roads Authority: Secret (sewage) Service

Intermittently, over the years, I’ve had problems with my house sewage system. Normally I would get out the rods and clear it myself or hire one of those drain cleaning companies.

Last year, however, the problem became more serious so I contacted Cork County Council, the relevant authority, and they cleared the system. Unfortunately, the system became blocked again last week so after failing to clear it myself I again called the council.

It usually takes about three days of phoning before contact is made with someone who actually deals with this particular problem. You know the sort of thing, passed on from office to office, promises of a call back that never happens and so on.

Today was different, today I experienced something very odd, something I’ve never experienced before in all my contacts with the civil service. Here’s the conversation.

Me: Hello, I rang yesterday about a sewage blockage, somebody was supposed to ring back but didn’t. Could you put me through to the relevant department please?

Civil Servant: I’m sorry but there’s nobody in that department today. Somebody died and they’re all at the funeral.

Me: Ok, could you ask them to ring me as soon as possible as I have sewage coming up in my garden? (This was an exaggeration but in a day or two it would be fact).

Civil Servant: Oh, that’s an emergency. I’ll give you the number of the NRA and they’ll call down today.

Me: The NRA? Do you mean the National Roads Authority?

Civil Servant: Yes.

Me: Long pause as I quickly checked the date, prodded myself with a biro to make sure I wasn’t dreaming and replied – But what possible connection could the National Roads Authority have with domestic sewage systems?

Civil Servant: Oh, they deal with this sort of problem when we have nobody else available.

I scribbled down the number but I won’t be ringing. It’s probably the phone number for the local dog pound or maybe the parish priest, I’m not falling for that old trick. No, I’ll wait a day or two until all those people return from the funeral and pretend it’s my first call.

Later on, while cooking dinner, I had a Father Ted moment – Did she say the National Roads Authority would be calling to clear my sewage?

The essence of Irish democracy – Dead

Morning Ireland (2nd report) did a piece on the arrest of Illinois Governor Rod Blagojevich for allegedly attempting to sell Barack Obama’s vacant Senate seat.

The presenter, Cathal MacCoille (I think) expressed astonishment at Blagojevich’s sheer brass neck. The whole tone of MacCoille’s response seemed to be – How could Blagojevich think he could get away with such blatant corruption?

On Wednesday last, former Fianna Fail Councillor Michael Fahy was yet again found guilty of defrauding Galway County Council of €7,055.

Here’s a brief but truly astonishing outline of Fahy’s case.

2001/2002 – Fahy defrauded Galway County Council of €7,055. His crime didn’t come to immediate notice because the then county manager, Donal O’Donaghue, decided to deal with the matter behind closed doors. O’Donaghue has never been brought to account for his part in concealing the crime.

2004 – An FOI by the Irish Independent brought the matter out in the open and the Garda were informed.

2007 – Fahy was found guilty, sentenced to one year in jail and fined €75,000. The presiding judge described Fahy as

“An arrogant, greedy and determined fraudster”, who had “knowingly implicated” Thomas Byrne, “a totally innocent man”, leaving him open to “vilification and ruin” if the truth had not emerged.”

2007 (Sep) – Galway County Council held a meeting and decided, unanimously, to ignore the law. They all agreed to pretend that Fahy wasn’t in jail at all and further agreed to the fraudster’s request that his absence was due to “illness and his attendance in Dublin”. Fahy received his full representative pay of just over €16,600 despite spending seven months behind bars.

The law concerning Cllr. Fahy’s behaviour couldn’t be clearer.

2001 Local Government Act, Section 13.

(1) Subject to subsection (2), a person is disqualified from being elected or co-opted to, or from being a member of a local authority if he or she—

(i) fraudulent or dishonest dealings affecting a local authority.
(ii) corrupt practice.

2007 (Dec) – Fahy received a warm welcome from his fellow councillors when he attended his first meeting a week after his release from jail. At the meeting the fraudster delivered a strong speech deploring the rise in crime in recent times.

“It is just not good enough that people who are out at the shops or at Mass come home to find their houses ransacked. The people who do this sort of crime need to be caught and punished.”

His speech was greeted with enthusiastic applause. (Yes, yes, I know, but really, it’s all true)

2008 (Feb) – I’m not sure what happened next but it seems that a some point Fahy was acquitted of all charges and this prompted the DPP to re-enter the charges against the councillor.

Fianna Fail Senator Terry Leyden was very angry. This man is being persecuted for ‘doing his duty’, it’s a waste of public funds; this man has suffered enough, he should be left alone, thundered the Senator.

2008 (Dec) – Fahy was again found guilty of robbing €7,055 from Galway County Council. The presiding judge called on Fahy to ‘act with honour’ and resign adding that

“Fraud by a public representative attacks the very essence of our democracy and erodes public trust in our elected representatives,”

‘Attacks the very essence of our democracy’?

Fahy received widespread sympathy and support from local citizens and politicians and has only received minimal attention in the media.

Apart from this website and the judge, I know of no other person, organisation or official who has condemned Fahy’s behaviour.

Perhaps this is because the essence of Irish democracy has long since died.

Copy to:
Galway County Council

Good news for the people of Cashel

Good news for the people of Cashel. An Bord Pleanála has rejected planning permission for a five storey, 83 bedroom hotel on land formerly owned by the Presentation Order of nuns.

The nuns had agreed, under pressure from the local council, to sell the land to the council on condition that it was to be turned into a park for the town. However, once the council got their hands on it they turned it over to a developer for a nice profit.

See here for previous posting

Tighter budgetary situation…for some

It has long been accepted that there is a direct correlation between the number of students in a class and the quality of education that those students receive. For example, a class of ten students is more likely to achieve better results than a class of forty. The reason for this is obvious; students in small classes receive a more personal, direct and therefore better quality tutoring from their teachers.

It is because of this obvious fact that teachers, parents and associated organisations have been campaigning for decades to reduce class sizes in Ireland, which currently has the second highest teacher/pupil ratio in the EU. `They have largely failed in their efforts principally due to the consistent refusal by successive governments to provide the necessary funds.

Minister for Education, Mary Hanafin was on RTE (3rd item) last Friday mouthing the most recent excuse for not providing these critical funds.

“I think everybody recognises that there is a tighter budgetary situation this year and everything in our Programme for Government is in fact predicated on strong economic growth and it’s our major responsibility as a government to make sure that we keep the economy strong.”

Obviously, Ms. Hanafin believes that a pay increase of €38,000 for Bertie Ahern and €25,000 for her and her fellow ministers should not be considered within the ‘tighter budgetary situation’.

When she was finally pinned down on the matter she made the astonishing claim:

“There is no relationship at all, on any international study, to the quality of education and to the numbers in the class.”

If that’s the case, she was asked, why worry about class sizes at all? She replied as all Irish politicians do – with waffle.

Best News Broadcaster – In Cashel

The Cashel planning scam was further analysed on Today with Pat Kenny last Wednesday (Previous posts here and here).

Philip Boucher Hayes, head of RTEs Investigative Unit, spoke to Cashel Town Clerk, Seamus Maher about the Council’s threat of using a Compulsory Purchase Order to force the nuns to sell their property cheaply.

Maher: Looking at it from the point of view of the need to acquire land for our various purposes it’s a method that could be used; it wasn’t used in this case

Hayes: But the threat of it was used

Maher: Well, it was mentioned, I suppose in that sense I wouldn’t call it a threat

Hayes: But the letter does say ‘If necessary the council will consider the acquisition of this portion of the property by way of Compulsory Purchase Order’, that’s a threat.

Maher: I suppose, if necessary, it’s a mild one, I mean nobody was putting their backs to the wall

Hayes: Is it a bit of a sharp practice, raising the prospect of CPO and acquiring land, holding on to it for a while, watch it inflate in price and then sell it off at a profit

Maher: I suppose when you’re in negotiation for something you will do your best for the town or the local authority or business or whatever you’re involved in and I wouldn’t have seen it as malpractice or underhand dealing or whatever I mean there’s more things going on really which are much more serious than that

In another development the Council has removed preservation orders on 16 very old trees on the property so that the developer can knock them down.

Belated congratulations to Philip Boucher Hayes, head of RTEs impressive Investigative Unit. Philip won the Best News Broadcaster of the Year last November.

Purpose now clearly identified

I see planning permission has been granted for a hotel on land formerly owned by the Presentation Sisters in Cashel. The decision is not unexpected as the property is very valuable and there’s lots of money to be made. Here’s what I wrote about the matter in February last year.

The latest planning scam was discussed on the Pat Kenny Show yesterday morning. A prime piece of property owned by nuns in the centre of Cashel was to be bought by the local council who claimed they wanted to develop the property as a park for the people of the town.

The Council, however, was dragging its heels so the nuns found another buyer. The Council responded by threatening them with a Compulsory Purchase Order and forced them to sell at a deflated price.

Once the deal was done the Council lost no time in rezoning the property and selling it on to a developer who plans to build a hotel on the land. In the process, the Council made a tidy little profit of €1.2 million from the deal.

The people of Cashel are very angry but what can they do? Well, nothing really, except complain and protest. Oh, they can also object to the planning permission that has already been submitted by the developer.

But who makes the decision on this planning application? Why, it’s the very same Council who lied to the nuns, pressurised them into selling at a greatly reduced rate and rezoned the property to substantially increase its value. I wonder what their decision will be.

The report also includes the best example of official gobbledygook that I’ve heard in a long time. When a spokesman for the Council was questioned on the change of use for the property he responded:

“Well, the Council at the time wanted to buy the land for, you know, specific purposes which weren’t clearly identified.”

A world divorced from reality

Sometimes, when I witness how things are done in this country, I think to myself: ‘Maybe it’s you Anthony, maybe all this stuff is normal and it’s you that’s living in a world divorced from reality.’

That’s certainly what I was thinking yesterday as I read about the latest developments in the Cllr. Fahy case.

Fahy was convicted last March on seven counts under the Larceny Act and the Theft and Fraud Offences Act, including false accounting and attempting to make a gain by deception. He also, in a ruthless attempt to escape punishment, tried to implicate others in his crimes. This is some of what Judge Raymond Groarke had to say;

“Your bombast, bluster and bluff may well have been seen as such by those who witnessed your performance in the witness box, namely the jury, but all the while you gambled with the reputations of honest men in seeking an escape from the consequences of your delinquency.”

The judge addressed Fahy as an “arrogant, greedy and determined fraudster”, who had “knowingly implicated” Thomas Byrne, “a totally innocent man”; leaving him open to “vilification and ruin” if the truth had not emerged.

Fellow councillors, however, did not agree with the judge’s assessment because in order to ensure he kept his seat on the council they all agreed to pretend that Fahy wasn’t really in jail at all but was merely ‘ill in Dublin’.

The criminal, released from jail pending a retrial, received a hero’s welcome at Galway County Council and promptly made a strident speech in which he lectured everybody about his worries on the increasing crime rate.

Noting that crime had risen in the last few months (while he was in jail) the criminal blustered;

“It is just not good enough that people who are out at the shops or at Mass come home to find their houses ransacked. The people who do this sort of crime need to be caught and punished.”

He continued;

“I am proposing that we write to the Garda Commissioner and the Chief Superintendent demanding that every effort is made to bring these culprits to justice.”

His speech was greeted with enthusiastic applause.

Sometimes, when I witness how things are done in this country, I think to myself: ‘Anthony, if all this stuff is normal, perhaps it actually is better to live in a world divorced from reality’.

(Other posts on this matter: Here, here and here)

No simply answers in a corrupt system

On 23rd Oct last I received an email from the Ombudsman informing me that she had received a copy of a letter sent to me by Dublin City Council finally answering a simple question I had asked of them the previous April. The Ombudsman ends her letter as follows.

“As the Council has replied to your correspondence, there appears to be no further role for this Office in this matter and we will now close your
file.”

This brings to an end a tough campaign to extract an answer to a simple question from Dublin City Council. The following is a chronological account of events with my comments.

April 16th 2007: Irish Times reports that Fianna Fail TD for Donegal South West and Minister of State, Pat the Cope Gallagher had illegally erected a number of posters around Croke Park in Dublin. His actions were in contravention of the 1997 Litter Pollution Act.

April 18th: I phoned Dublin City Council and asked the simple question: “Was Minister of State, Pat the Cope Gallagher, fined for illegally erecting posters in Dublin city”?

Bernie Lillis, of Dublin City Council Litter Office told me that it was her personal office policy not to reveal such information about fines. The incident and its consequences were confidential, a personal matter between her office and the minister.

Ms. Lillis further informed me that she had spoken with the Minister and had accepted his plea that he wasn’t aware his actions were against the law. Ms. Lillis and the minister are, apparently, unaware of the public policy; “Ignorantia legis neminem excusat” (Ignorance of the law excuses no one).

Ms. Lillis is also obviously gullible enough to believe that a Government minister and politician of long standing would be unaware of a major piece of legislation like the 1997 Litter Pollution Act.

April 20th: I spoke with Pat Cronin head of waste management at Dublin City Council. Initially, Mr. Cronin refused point blank to answer my question. He seemed genuinely astonished that a man in his position was actually being challenged by a mere citizen.

When I persisted he eventually said that if I wanted an answer I would have to put it in writing. When I asked by what law/regulation he was basing his demand that I put my question in writing on, he just kept repeating; put it in writing, put it in writing…

This is, in my experience, a standard bureaucratic strategy based on the (correct) assumption that most people will drop their queries rather than go to the bother of putting them in writing.

April 23rd: Posted registered letter personally addressed to Mr. Cronin (Copy One below).

April 25th – 22nd May: Made numerous attempts to confirm that Mr. Cronin had received my registered letter. I met with a brick wall on every attempt.

April 23rd: Irish Independent reports that Minister Gallagher had again illegally erected a number of posters in his Donegal South West constituency.

Despite his conversation with Bernie Lillis the week before, Gallagher admitted that he hadn’t checked whether he was breaching any regulations in Donegal. Again, Gallagher is claiming ignorance of the law and, more unbelievably, ignorance of the 1997 Litter Pollution Act.

April 23 – May 23rd: Made numerous attempts to find out from Donegal County Council what action they proposed to take against Gallagher. I met with a brick wall at every attempt.

I was eventually advised that I should put my complaint in writing (All bureaucrats are, apparently, aware of the ‘make them put it in writing’ strategy).

May 23rd: Posted official complaint about Gallagher’s illegal activities to Donegal County Council (Copy Two below).

May 24th: Submitted formal complaint by email to the Standards in Public Office Commission regarding Gallagher’s illegal activities (Copy Three below)

May 30th: Posted official complaint on Gallagher to Dublin City Council.

June 27th: Posted official complaint to the Ombudsman on the refusal of Dublin City Council staff to answer my question.

July 3rd: Received email from the Standards in Public Office Commission rejecting my complaint on the basis that Gallagher’s illegal activities were not of sufficient gravity to warrant an investigation.

A Government minister openly breaks the law on two occasions and a Government agency charged with upholding standards in public office concludes that such illegal activities are not of sufficient gravity.

In a perverse way, they have a point. Irish politicians regularly commit much more serious crimes without ever being brought to account.

July 19th: Received reply to my official complaint from Donegal County Council stating that because they had received no complaint about Gallagher they had no cause to investigate the matter.

This deserves repeating – Donegal County Council rejected my complaint about Gallagher on the grounds that they had received no complaint.

July 31st: Received letter from Dublin City Council finally answering the simple question I asked on April 18th – Gallagher was not fined for his illegal activities. (Copy Four below)

I believe the only reason Dublin City Council bothered to finally answer my question was because of my complaint to the Ombudsman.

October 23rd: Received email from the Ombudsman informing me that they had received a copy of the letter sent to me by Dublin City Council in which my question was answered and were therefore closing my file.

The question can reasonably be asked: Why bother? Why go to all that trouble to force a civil/public servant to answer a simple question?

The core principle of this blog is that Ireland, unique among all other Western democracies, is a corrupt state. While all other Western countries suffer to some degree from the disease of corruption, Ireland is, as a country, a totally corrupt entity.

One of the strategies of this blog is to prove this point by asking questions of politicians and Government agencies and judge by their responses whether they have the best interests of the Irish people at heart or whether they are perhaps serving another agenda.

I want to make absolutely clear that I am not accusing any of those involved in this episode of being corrupt, what I am claiming is that they have to live, work and continuously deal with an intrinsically corrupt system.

Every other resident of this state must do the same, everybody is forced to adapt to the rotten system whether they like it or not.

Everybody has to adapt to a culture where tax evasion is endemic, where financial institutions are allowed to regularly rob their customers, where politicians are permitted to live out lucrative careers of corruption without being made accountable.

Where white collar crime is barely recognised as a crime, where nobody is ever, ever held accountable, even when people die because of gross incompetence or negligence.

Where everybody knows that arrogance, incompetence and corruption have become as much a part of our culture as St. Patrick’s Day and Guinness.

That’s why, I believe, the public/civil servants involved in this case have acted as they have. They have acted in a manner that is largely consistent with how the bureaucracy of any third rate banana republic would act when faced with the choice of enforcing the law against a law breaking Government minister or cowering in fear behind a wall of bureaucratic arrogance and officialdom.

If a politician deliberately set out to break the law in any other Western democracy there would have been widespread public anger, there would have been immediate and effective action by the authorities and that politician’s career would have been terminated on the insistence of his colleagues in the body politic.

As for Gallagher himself, he’s practically an irrelevance. A member of the most corrupt political party in Ireland, a typical backwoodsman politician who will do anything to get and hold power, including breaking the law.

A low pedigree politician following in the footsteps of a long line of low pedigree politicians who’s only distinguishing legacy will be the enormous damage they have done to the quality of Irish democracy.

Copy of this post to:

Dublin City Council
Standards in Office Commission
Donegal County Council
Ombudsman
Mr. Gallagher, Minister of State with special responsibility for Health Promotions and Food Safety at the Department of Health and Children.

(Previous posts on this matter – Here, here, here here, here, here, here

—————————————————————————————————————————-

(Copy One)

Letter to Mr. Cronin head of waste management at Dublin City Council.

23rd April 2007

Dear Mr. Cronin,

On Monday 16th April it was reported in the Irish Times that Minister for State, Pat the Cope Gallagher, had illegally erected a number of posters around Dublin.

On Wednesday 18th April I rang Dublin City Council to find out what action had been taken in response to this incident. I was informed by Bernie Lillis of the Litter Office that it was the policy of her office to keep such matters confidential.

When I asked Ms Lillis what legislation/regulation she was basing her decision on she referred me to your office.

On Friday 20th April I spoke with you on the phone and asked the same question. You refused to answer any questions on the phone and insisted I write to you on the matter. Here are my questions:

What action did Dublin City Council take in response to the illegal erection of posters around Dublin by Minister of State Pat the Cope Gallagher as reported in the Irish Times on the 16th April 2007?

If fines were imposed, what was the sum total of those fines?

Regarding the authority of public/civil servants to make personal decisions on what information will or will not be allowed into the public arena.

Does Ms. Lillis of the Litter Office have the authority to form a personal office confidentiality policy which results in information being denied to the public? If she has this authority, on what regulatory basis does her power rest?

Do you, Mr. Cronin, have the authority to refuse to answer my specific questions regarding the specific events surrounding the illegal erection of posters by Minister of State, Pat Gallagher? If you do have that authority, by what regulatory basis are you acting?

Do you have the authority to refuse to answer my questions on the phone and insist that the matter can only be dealt with in writing? If you do have that authority, by what regulatory basis are you acting?

In today’s Irish Independent (23rd April) it is reported that Minister Gallagher has again erected illegal posters in Donegal. From the report it seems that they are the same posters that were illegally erected in Dublin and which, according to Ms. Lillis, were returned to Minister Gallagher.

Does Dublin City Council have a policy of rendering posters unusable before returning them to lawbreakers? (A quick daub of paint is all that would be required to protect other jurisdictions from rogue politicians like Minister Gallagher).

My motive for requesting this information is simple. I am an anti-corruption campaigner. I do not belong to any political party but act out of anger at the enormous damage being done to Ireland by the disease of rampant corruption.

As part of my campaigning I write a blog at https://www.publicinquiry.eu/ where Irish corruption is reported and analysed.

Obviously, the irresponsible and illegal activities of a Government Minister and the apparent inability/unwillingness of any state authority to bring him to justice are reported on the blog.

Yours in anger

Anthony Sheridan

(Copy Two)

Official complaint to Donegal County Council.

23rd May 2007

To Whom It May Concern,

Subsequent to several phone calls and on the advice of Donegal County Council staff I hereby submit this official complaint regarding a breach of the Litter Pollution Act, 1997.

On Monday April 23rd 2007 it was reported in the Irish Independent that Minister of State, Pat the Cope Gallagher, had mounted posters on poles on routes out of his Donegal South West constituency. It is further reported in the same newspaper that the said minister admitted that he had not checked whether he was in any breach of regulations.

I can confirm that when the minister erected illegal posters in Dublin city a number of days before his actions in Donegal he was informed by Dublin City Council that the erection of such posters was an illegal act.

In other word, when the minister erected the posters in Donegal he was aware that he was committing an illegal act. This information can be independently confirmed by contacting Ms. Bernie Lillis at Dublin City Council litter office (01/2224243).

I request an acknowledgment of this official complaint and I would be grateful to be informed of the outcome of any investigation.

Yours sincerely

Anthony Sheridan

(Copy Three)

Formal complaint to Standards in Office Commission

24th May 2007

To Whom It May Concern,

I wish to formally lodge a complaint under the Ethics in Public Office, Acts 1995 and/or the Standards in Public Office Act, 2001.
The complaint concerns the illegal erection of posters by Minister of State Pat the Cope Gallagher in Dublin and Donegal.

The first incident, as reported in the Irish Times on April 16th, involved the illegal erection of posters around Croke Park in Dublin. According to the report, Minister Gallagher openly admits that he organised and participated in this illegal act.

The second incident, as reported in the Irish Independent on April 23rd, involved the illegal erection of posters on poles on routes out of the ministers Donegal South West constituency.

In respect of the first incident in Dublin, I have been informed by Ms. Bernie Lillis of Dublin City Council Litter Office (01/2224243), that she informed the minister that his actions were illegal. According to Ms. Lillis, the minister apologised for his actions but claimed he did not realise he was breaking the law.

By claiming ignorance of the law the minister is asserting that, as a citizen, an elected representative and a government minister, he was unaware of the Litter Pollution Act, 1997, a piece of legislation that attracted widespread comment and analysis by the general public, the body politic and the media.

He is also asking the nation to accept that claimed ignorance of the law is a justified and reasonable defence.

It is reasonable to assume that minister Gallagher knew or should have known that he was in breach of the Litter Pollution Act, 1997 when he erected the posters in Dublin and was therefore acting in an irresponsible and unethical manner.

Because of the information he received from Bernie Lillis, it is an absolute certainty that minister Gallagher knew he was breaking the law when he illegally erected posters in Donegal some days after the Dublin incident.

By deliberately setting out to break the law of the land, it is clear that the minister is in serious breach of the Code of Conduct for Office Holders as outlined by the Standards in Office Commission (Office Holders), sections 1.3 Requirement to observe the Code of Conduct, 1.4 Principles of Ethical Conduct and 1.5 Highest ethical standards to be applied at all times.

Yours sincerely
Anthony Sheridan

(Copy Four)

From Dublin City Council

Dear Mr. Sheridan

I refer to your letter of 23/04/2007 and apologise for the delay in replying, which was due to oversight.

On 15/04/2007 Dublin City Council staff removed posters carrying the name, “Pat the Cope Gallagher” which had been erected on it’s (sic) property, (public lighting poles).

Subject to stringent conditions, Dublin City Council occasionally gives permission for the erection of posters on it’s (sic) property, but no application was received in respect of these posters. They were removed for disposal but Mr. Gallagher claimed not to have known of Dublin City Council’s policy and the posters were returned on the understanding that there would be no further breach of that policy. In the circumstances no further action was taken.

Where fines are issued under the Litter Pollution Act 1997, Dublin City Council will disclose general details, but not personal information, pending possible prosecution and court hearing. This is in line with the principle of presumed innocence until proven guilty. In this instance no fine was issued and details of discussions held with Mr. Gallagher were regarded as confidential and not disclosed. This policy applies equally across the board.

Mr. Cronin requested that you put your various questions in writing. This was to enable a reasoned and accurate reply to issue, which he felt he wasn’t in a position to do in a phone conversation. In the circumstances the request was reasonable.

Again I would like to apologise for the delay in replaying to your queries, but if there are any issues you would like to discuss further please contact me as above.

Signed
Niall O’Keeffe
A/Senior Executive Officer

Pure Ballymagash

I nearly fell off my seat laughing on reading the attached report in the Irish Times.

Even in a corrupt country like Ireland, where denial of reality is an integral part of our culture, this takes some beating.

Apparently, everyone concerned is going to pretend that Cllr. Fahy was never jailed for fraud but ‘in reality’ his absence from the council was due to illness.

If this story was broadcast as a comedy sketch there would be immediate complaints for portraying the Irish as stupid.

Pure Ballymagash.

Jailed Galway councillor to retain seat

Lorna Siggins Western Correspondent

Wed, Sep 12, 2007

Independent Galway county councillor Michael “Stroke” Fahy has secured unanimous support from colleagues for retention of his local authority seat while serving a jail sentence.
The former Fianna Fáil representative, who is appealing a 12-month conviction and fine for misappropriation of local authority funds, is in Castlerea prison, Co Roscommon.
The county council was loath to disqualify him under the provisions of the 2001 Local Government Act, on the basis that an appeal of his case was pending. However, the same legislation says a councillor is deemed to have resigned if he or she fails to attend local authority meetings for a continuous six-month period.
A meeting of the council yesterday heard a request from Cllr Fahy for colleagues to accept that his absence from meetings was due to “illness and his attendance in Dublin”. He is not due to be released from prison until January 2008, although his appeal may be heard this November.
Cllr Fahy was sentenced on March 22nd last and given a fortnight to make arrangements for his elderly mother, with whom he had been living in south Galway. On the night before he was due to start his jail term – April 3rd – he was admitted to University College Hospital, Galway, and had a cardiac operation.
The councillor had resigned from Fianna Fáil when a Garda investigation was initiated into misappropriation of funds, following a freedom of information request to the local authority. Councillors are allowed up to 18 months leave of absence if colleagues agree on extenuating circumstances.

© 2007 The Irish Times