2.1 On 29 May 2012, the Standards Commission received a complaint dated 28 May 2012 from Councillor Noel McBride, then Mayor, Donegal County Council and Mr. Seamus Neely, County Manager (now Chief Executive), Donegal County Council, concerning Senator Brian Ó Domhnaill, former Councillor, Donegal County Council and member of Údarás na Gaeltachta. In his capacity as a member of an tÚdarás, Senator Ó Domhnaill was nominated by that Authority to the Donegal Sports Partnership (DSP) and served as Chairman from 2005 to 2008. Senator Ó Domhnaill attended meetings or other events in his role as Chairman of the DSP.
2.2 The complaint centred on alleged contraventions of Part 15 of the Local Government Act in relation to:
(i) the claiming of travelling and subsistence expenses from both Donegal County Council and Údarás na Gaeltachta for attendance at a conference at the Fairways Hotel, Dundalk, Co Louth on 9, 10 and 11 March 2006 and attendance at a Donegal Sports Partnership (DSP) meeting in Letterkenny on 10 March 2006;
(ii) the claiming of travelling and subsistence expenses from Donegal County Council for attendance at an IPA Training Seminar in Carrickmacross, Co Monaghan on 26 to 27 April 2006 and the claiming of travelling expenses from Údarás na Gaeltachta for attendance at a DSP meeting in Letterkenny, Co Donegal on 27 April 2006; and
(iii) the claiming of travelling and subsistence expenses from Donegal County Council for attendance at a Marine Tourism Conference in Carlingford, Co Louth on 30 May to 1 June 2006 and the claiming of travelling and subsistence expenses from Údarás na Gaeltachta in respect of attendance at a DSP event in Dungloe, Co Donegal on 31 May 2006.
2.3 Having considered the matter, the Commission appointed Mr. Paddy Walsh of the Office of the Ombudsman as Inquiry Officer on 15 June 2012 under Section 6 of the Standards Act to conduct a preliminary enquiry into the complaint, to prepare a report of his enquiry, to furnish any statements made to him by the persons complained of and any other relevant persons, along with any relevant documents and to express an opinion as to whether there was prima facie evidence to sustain the complaint. The Inquiry Officer presented the report of his enquiry to the Commission on 7 November 2012, along with relevant statements and documents. He expressed the opinion that there was prima facie evidence to sustain an investigation of the complaint.
2.4 Having examined the provisions of the Ethics Acts and the Local Government Act and having taken account of the report of the Inquiry Officer, the Commission decided on 12 November 2012 that it was appropriate to carry out an investigation under section 23 of the Ethics Act to determine whether Senator Ó Domhnaill had contravened Part 15 of the Local Government Act or had done a "specified act" within the meaning of the Ethics Acts. Details of the alleged contraventions are included in the Commission's correspondence with Senator Ó Domhnaill dated 25 January 2013 - see Appendix 1.
2.5 The alleged contraventions relate to sections 168 and 169 of the Local Government Act. Those sections are set out in Appendix 2. The alleged contraventions also refer to the doing of alleged ‘specified acts’. A ‘specified act’ means an act or omission referred to in section 4(1)(a) of the Standards in Public Office Act 2001, which provides:
Where a person (“the complainant”) considers that…a specified person or a person who, in relation to a specified person, is a connected person may have done an act or made an omission after the commencement of section 2 that is, or the circumstances of which are, such as to be inconsistent with the proper performance by the specified person of the functions of the office or position by reference to which he or she is such a person or with the maintenance of confidence in such performance by the general public, and the matter is one of significant public importance,…the complainant may make a complaint in relation to the matter to the Commission.”
The complete text of section 4 is set out in Appendix 2.
2.6 Appendix 2 also contains other relevant extracts from legislation, from directions concerning the rules for expenses issued by the Minister for the Environment, Heritage and Local Government and from the Code of Conduct for Councillors.