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The seven county councillors from Nenagh-Newport have threatened to take legal action against Nenagh Sinn Fein councillor
Seamus Morris following his criticism of a decision by the county council to rezone 105 acres of land for development in
the village of Puckane.
The Sinn Fein representative has this week described the action as “the height of arrogance”. He said he would
like to see the entire controversy surrounding the rezoning issue go to court in the hope that it would shed light on why
so much land was rezoned in the village.
He is this week sticking by his claim that the elected body of North Tipperary County Council did not act in the best interests
of the people in Puckane in rezoning the 105 acres.
James O’ Brien solicitors in Nenagh have written to Councillor Morris informing him that they represent the seven
councillors: John Sheehy, Mattie Ryan, John Carroll and Tom Harrington of Fianna Fail; Tom Berkery and Phyll Bugler of Fine
Gael and Sean Creamer of Labour.
The solicitors in their letter said it had been consulted by its seven clients in relation to correspondence written by
Councillor Morris to the Ethics Registrar of North Tipperary County Council alleging wrongdoing by their clients in connection
with the zoning of lands at Puckane.
The letter notes that Councillor Morris’alleged in his correspondence to the council that elected representatives
had breached Section 168 of the Local Government Act 2001 and called on him to outline how it is alleged that they failed
to maintain proper standards of integrity, conduct and concern for the public interest.
The legal representatives of the seven councillors have asked Councillor Morris to specify which councillors he alleges are
in breach of the Act and to outline the specific function they have undertaken which breaches ethics provisions.
“Our clients advise that North Tipperary County Council have confirmed that all necessary procedures were complied
with in relation to the rezoning of these lands and due process was complied with,” the letter states.
The solicitors for the councillors say that it is clear the allegations made by Councillor Morris are “baseless and
clearly defamatory”. They say he should withdraw the allegations in writing and apologise in writing to the seven
councillors.
Failing this, the solicitors have informed Councillor Morris that their instructions are to commence legal proceedings against
him for damages for defamation of character.
In response, Councillor Morris said the move by the seven councillors was “arrogance of the highest order”.
He added: “I would prefer if this went to court and if the full Puckane case was put in front of a jury of twelve
people to give the people of Puckane the opportunity to see how badly they are served by their politicians.”
Councillor Morris said he was the only politician that stood up for the people of Puckane against the decision of the elected
body of the County Council to vote for the extensive rezoning of lands in the village. He said the elected members did not
act in the best interests of the people of Puckane. “In whose interest did these politicians act?” he asked.
Councillor Morris’ solicitor Michael Finucane has responded in writing to the solicitors acting for the seven councillors,
saying any proceedings taken by them were “doomed to failure”.
“It is clear that many questions remain to be answered in relation to the process leading to the rezoning decision.
It is also clear that your assertion that North Tipperary County Council have satisfied themselves that all due process was
complied with is not, in fact, correct or accurate.”
Mr Morris’s legal representative points out that the issue is a matter of public record “that has given rise
to wholly justifiable concerns which are, to say the least, defensible on grounds of fair comment.”
Mr Finucane goes on to state that Councillor Morris would be failing in his duty to the people if he failed to use his best
endeavours to seek proper investigation of the complaints and concerns being raised with him by the people of Puckane.
He added: “We are instructed to state also, in clear and unequivocal terms that any legal proceedings commenced by your
clients against out client will be vigorously defended. This will inevitably result in minute examination of each and every
strand of the rezoning process in which you clients were involved. They will be forced to account for their actions at each
and every stage and all of this will happen in the full view of the public. This is something your clients may wish to consider
very carefully before giving instructions to issue proceedings.”
The Puckane Development Association has already maintained that “alarming” questions still need to be answered
by North Tipperary County Council about why councillors radically changed the County Manager’s recommendations on rezoning
for Puckane.
Last November, a report on the controversy surrounding the rezoning of lands in the village was screened on RTE Prime Time
programme as part of investigation on discrepancies in the Irish planning system.
The programme focussed in particular on the motives of county councillors in rezoning 31 acres of land on the edge of Puckane
in late 2005 for mainly housing development , despite the fact that the County Manager just weeks before had ruled out such
a move as “unwarranted and unsustainable”.
The move was proposed by Fianna Fail councillor Tom Harrington and seconded by Tom Berkery of Fine Gael.
At a council meeting last February, the County Manager Terry O’ Niadh has said he was “shocked” by a claim
made on the Prime Time programme by Fine Gael councillor Tom Berkery.
Councillor Berkery told the programme that the elected members of the council had endorsed the manager’s recommendations
on rezoning in the village.
However Mr O’Niadh disputed this claim and said he was shocked by it. He stressed that all councillors did not follow
his recommendations on rezoning.
Mr O’ Niadh also told last February’s meeting of the council that he had not carried out any investigation into
Councillor Morris’s complaint in relation to alleged ethics breaches as it had not been demonstrated by the Sinn Fein
councillor that there had been any breach.
At that meeting Councillor Tom Berkery said Councillor Morris had made “unfounded and unsubstantiated allegations”.
He said the requirements in law in relation to the rezoning in Puckane were adhered to at all times.
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