25 January 2013
Senator Brian Ó Domhnaill
Killult
Falcarragh
Co. Donegal
Dear Senator Ó Domhnaill,
I refer to my letter of 16 November 2012 regarding the Standards Commission's decision to initiate an investigation under section 23 of the Ethics in Public Office Act 1995, as amended, in relation to the complaint dated 28 May 2012 received from Councillor Noel McBride, then Mayor, Donegal County Council and Mr Seamus Neely, County Manager, Donegal County Council.
The Standards Commission proposes to sit on Monday, 11 March 2013 at 11.00 am at its offices at 18 Lower Leeson Street, Dublin 2 for the purposes of hearing evidence arising from this investigation. Please confirm by return that you are available to attend on that date. Please also indicate whether you will be legally represented at the hearing.
In order to assist you in understanding the investigation process, I enclose a Statement of Intended Procedures which has been prepared by the Commission. I also enclose copies of the following:
1. Statement of Alleged Contraventions of the Local Government Act 2001 and the Ethics Acts.
2. Report dated 7 November 2012 (including Appendices) of Mr Paddy Walsh, the Inquiry Officer appointed by the Commission.
The enclosed Report includes as Appendices certain documentation which was provided to Mr Walsh in the course of his enquiries and also Statements obtained by Mr Walsh from officials of Donegal County Council, Údarás na Gaeltachta and the Association of County and City Councillors and from the then Mayor of Donegal County Council. The Commission intends to rely on this documentation and these Statements in the investigation.
The Commission has extensive powers to compel the attendance of persons to give evidence to it and to procure documentation. However, it appears to the Commission that there is little or no factual dispute disclosed by this documentation and Statements and, in order to obviate the necessity of the Commission having to formally prove this documentation and to call the authors of the Statements as witnesses to give oral evidence at the hearing in accordance with the Statements, I am directed by the Chairman of the Commission to seek your written consent to these documents being produced in evidence without formal proof being required and for the written Statements to be admissible as evidence by the Commission at the hearing. That would not, of course, preclude you from giving evidence on your own behalf, calling any additional evidence which you consider appropriate or making submissions to the Commission.
In this context, you should note the provisions of Section 32(2) of the Ethics in Public Office Act 1995, which is referred to in para 4.6 of the Statement of Intended Procedures. As is stated there, the Commission will endeavour to comply with any reasonable request made by you or on your behalf in relation to the exercise by the Chairman of his powers under that section for the purposes of securing the attendance of witnesses and/or the production of documents which you wish to present to the Commission.
I look forward to hearing from you as to whether you are that you are available to attend on 11 March 2013, whether you will be legally represented at the hearing and whether you are prepared to agree to the documentation and the Statements included in the Appendices in the Inquiry Officer's Report being admitted into evidence without formal proof.
If you or your legal representative require clarification of any of the matters raised in this letter or alternatively any of the procedures outlined in the Statement of Intended Procedures, please do not hesitate to contact me.
Yours sincerely,
_____________
David Waddell
Commission Secretary
Ethics in Public Office Act 1995
Standards in Public Office Act 2001
Local Government Act 2001
(Section 32(6)(b) of the Ethics in Public Office Act 1995)
Former Councillor Brian Ó Domhnaill, Donegal County Council
STATEMENT OF ALLEGED CONTRAVENTIONS
1. That you contravened Section 168 of the Local Government Act 2001 by failing to maintain proper standards of integrity, conduct and concern for the public interest in carrying out your functions as a member of Donegal County Council in that you claimed travelling and subsistence expenses from Donegal County Council in respect of your attendance at the Association of County and City Councils’ Annual Conference 2006 at Fairways Hotel, Dundalk, County Louth on 9, 10 and 11 March 2006 and later also claimed travelling and subsistence expenses in respect of the same period from Údarás na Gaeltachta in respect of your attendance at a Donegal Sports Partnership meeting on 10 March 2006 in Letterkenny, County Donegal in contravention of paragraphs 6, 13, 18 and 22 of Part II of the Directions issued by the Minister for the Environment under Article 12 of the Local Government (Expenses of Local Authority Members) Regulations 1993 (SI 391 of 1993) made pursuant to Section 51 of the Local Government Act 1991.
2. That you contravened Section 168 of the Local Government Act 2001 by failing to maintain proper standards of integrity, conduct and concern for the public interest in carrying out your functions as a member of Donegal County Council in that you claimed travelling and subsistence expenses from Donegal County Council in respect of your attendance at an Institute of Public Administration Training Seminar in Carrickmacross, County Monaghan on 26 to 27 April 2006 and later also claimed travelling expenses in respect of the same period from Údarás na Gaeltachta in respect of your attendance at a Donegal Sports Partnership meeting on 27 April 2006 in Letterkenny, County Donegal in contravention of paragraphs 6, 18 and 22 of Part II of the Directions issued by the Minister for the Environment under Article 12 of the Local Government (Expenses of Local Authority Members) Regulations 1991 (SI 391 of 1993) made pursuant to Section 51 of the Local Government Act 1991.
3. That you contravened Section 168 of the Local Government Act 2001 by failing to maintain proper standards of integrity, conduct and concern for the public interest in carrying out your functions as a member of Donegal County Council in that you claimed travelling and subsistence expenses from Donegal County Council in respect of your attendance at a Marine Tourism Conference in Carlingford, County Louth on 30 May to 1 June 2006 and later also claimed travelling and subsistence expenses in respect of the same period from Údarás na Gaeltachta in respect of your attendance at a Donegal Sports Partnership meeting on 31 May 2006 in Dungloe, County Donegal in contravention of paragraphs 6, 13, 18 and 22 of Part II of the Directions issued by the Minister for the Environment under Article 12 of the Local Government (Expenses of Local Authority Members) Regulations 1993 (SI 391 of 1993) made pursuant to Section 51 of the Local Government Act 1991.
4. That you contravened Section 169 (3) of the Local Government Act 2001 and acted in disregard of the provisions of paragraphs 2.1, 2.2, 2.3, and 8.1 of the Code of Conduct for Councillors (June 2004) in that you claimed travelling and subsistence expenses from Donegal County Council in respect of your attendance at the Association of County and City Councils’ Annual Conference 2006 at Fairways Hotel, Dundalk, County Louth on 9, 10 and 11 March 2006 and later also claimed travelling and subsistence expenses in respect of the same period from Údarás na Gaeltachta in respect of your attendance at a Donegal Sports Partnership meeting on 10 March 2006 in Letterkenny, County Donegal in contravention of paragraphs 6, 13, 18 and 22 of Part II of the Directions issued by the Minister for the Environment under Article 12 of the Local Government (Expenses of Local Authority Members) Regulations 1993 (SI 391 of 1993) made pursuant to Section 51 of the Local Government Act 1991.
5. That you contravened Section 169 (3) of the Local Government Act 2001 and acted in disregard of the provisions of paragraphs 2.1, 2.2, 2.3, and 8.1 of the Code of Conduct for Councillors (June 2004) in that you claimed travelling and subsistence expenses from Donegal County Council in respect of your attendance at an Institute of Public Administration Training Seminar in Carrickmacross, County Monaghan on 26 to 27 April 2006 and later also claimed travelling expenses in respect of the same period from Údarás na Gaeltachta in respect of your attendance at a Donegal Sports Partnership meeting on 27 April 2006 in Letterkenny, County Donegal in contravention of paragraphs 6, 18 and 22 of Part II of the Directions issued by the Minister for the Environment under Article 12 of the Local Government (Expenses of Local Authority Members) Regulations 1993 (SI 391 of 1993) made pursuant to Section 51 of the Local Government Act 1991.
6. That you contravened Section 169 (3) of the Local Government Act 2001 and acted in disregard of the provisions of paragraphs 2.1, 2.2, 2.3, and 8.1 of the Code of Conduct for Councillors (June 2004) in that you claimed travelling and subsistence expenses from Donegal County Council in respect of your attendance at a Marine Tourism Conference in Carlingford, County Louth on 30 May to 1 June 2006 and later also claimed travelling and subsistence expenses in respect of the same period from Údarás na Gaeltachta in respect of your attendance at a Donegal Sports Partnership meeting on 31 May 2006 in Dungloe, County Donegal in contravention of paragraphs 6, 13, 18 and 22 of Part II of the Directions issued by the Minister for the Environment under Article 12 of the Local Government (Expenses of Local Authority Members) Regulations 1993 (SI 391 of 1993) made pursuant to Section 51 of the Local Government Act 1991.
7. That being a "specified person" within the meaning of section 4(6) of the Standards in Public Office Act 2001, you did a "specified act" within the meaning of section 2 of the Ethics in Public Office Act 1995 (inserted by Schedule 1 of the Standards in Public Office Act 2001), or a series of such acts, by way of your conduct in claiming travelling and subsistence expenses from Donegal County Council in respect of your attendance at the Association of County and City Councils’ Annual Conference 2006 at Fairways Hotel, Dundalk, County Louth on 9, 10 and 11 March 2006 and later also claimed travelling and subsistence expenses in respect of the same period from Údarás na Gaeltachta in respect of your attendance at a Donegal Sports Partnership meeting on 10 March 2006 in Letterkenny, County Donegal in contravention of paragraphs 6, 13, 18 and 22 of Part II of the Directions issued by the Minister for the Environment under Article 12 of the Local Government (Expenses of Local Authority Members) Regulations 1993 (SI 391 of 1993) made pursuant to Section 51 of the Local Government Act 1991, which conduct, and/or the circumstances of such conduct, was inconsistent with the proper performance by you of the functions of a member of Donegal County Council and of the functions of a member of Údarás na Gaeltachta and/or with the maintenance of confidence in such performance by the general public and which matter is one of significant public importance.
8. That being a "specified person" within the meaning of section 4(6) of the Standards in Public Office Act 2001, you did a "specified act" within the meaning of section 2 of the Ethics in Public Office Act 1995 (inserted by Schedule 1 of the Standards in Public Office Act 2001), or a series of such acts, by way of your conduct in claiming travelling and subsistence expenses from Donegal County Council in respect of your attendance at an Institute of Public Administration Training Seminar in Carrickmacross, County Monaghan on 26 to 27 April 2006 and later also claimed travelling expenses in respect of the same period from Údarás na Gaeltachta in respect of your attendance at a Donegal Sports Partnership meeting on 27 April 2006 in Letterkenny, County Donegal in contravention of paragraphs 6, 18 and 22 of Part II of the Directions issued by the Minister for the Environment under Article 12 of the Local Government (Expenses of Local Authority Members) Regulations 1993 (SI 391 of 1993) made pursuant to Section 51 of the Local Government Act 2001, which conduct, and/or the circumstances of such conduct, was inconsistent with the proper performance by you of the functions of a member of Donegal County Council and of the functions of a member of Údarás na Gaeltachta and/or with the maintenance of confidence in such performance by the general public and which matter is one of significant public importance.
9. That being a "specified person" within the meaning of section 4(6) of the Standards in Public Office Act 2001, you did a "specified act" within the meaning of section 2 of the Ethics in Public Office Act 1995 (inserted by Schedule 1 of the Standards in Public Office Act 2001), or a series of such acts, by way of your conduct in claiming travelling and subsistence expenses from Donegal County Council in respect of your attendance at a Marine Tourism Conference in Carlingford, County Louth on 30 May to 1 June 2006 and later also claimed travelling and subsistence expenses in respect of the same period from Údarás na Gaeltachta in respect of your attendance at a Donegal Sports Partnership meeting on 31 May 2006 in Dungloe, County Donegal in contravention of paragraphs 6, 13, 18 and 22 of Part II of the Directions issued by the Minister for the Environment under Article 12 of the Local Government (Expenses of Local Authority Members) Regulations 1993 (SI 391 of 1993) made pursuant to Section 51 of the Local Government Act 1991, which conduct, and/or the circumstances of such conduct, was inconsistent with the proper performance by you of the functions of a member of Donegal County Council and of the functions of a member of Údarás na Gaeltachta and/or with the maintenance of confidence in such performance by the general public and which matter is one of significant public importance.