Kerry county councillors have decided to seek legal opinion on whether a councillor whose company got €400,000-worth of business from the council may face a conflict of interest.
Details of the business awarded to Independent Kerry county councillor Mr Danny Healy-Rae's plant-hire firm were released by way of formal motion at a council meeting this week.
Councillors voted by eight to six to seek a senior counsel's opinion.
Mr Danny Healy-Rae was co-opted on to the council last September in place of his father, Mr Jackie Healy-Rae TD, who retired because of the ending of the dual mandate.
The plant-hire list is formed each year following public advertisement inviting quotations. Mr Danny Healy-Rae is consistently one of the highest earners on the list, which is sought each year by Independent councillor Mr Brendan Cronin.
Kerry County Council paid over €5 million to some 95 private contractors to carry out works on roads, haulage, waste and such in 2003. Mr Danny Healy-Rae, Main Street, Kilgarvan, earned €401,283 in plant-hire and equipment from the council. The next-highest earner received over €345,000.
Mr Cronin asked the county manager, Mr Martin Nolan, if he could "give a public guarantee that he was legally satisfied that there has been no conflict of interest by any member connected to a plant-hire firm/company involved in this council's roads programme and on the council's list of contractors."
The wording was formally submitted.
Mr Nolan said there was no way the manager could know if a conflict of interest existed, nor was he obliged find out. Members themselves were obliged to declare when they had a beneficiary interest in an item being discussed, then to absent themselves and not to vote, Mr Nolan said.
The council had a register of interests which all members had submitted and this was publicly available. Legislation did not require the manager to have the information to answer the question.
Mr Danny Healy-Rae's brother, Mr Michael Healy-Rae (Ind), who also sits on the council, said the matter was inspired by "begrudgery and was a cheap shot". He hoped more money would come down from the Government (for roads and works) so that all 95 contractors could grow and employ more people.
The money had been earned, he said. "Let the lorries roll and let the begrudgers go into the fires of hell. Any insinuations are to be abhorred," he added.
The council's head of finance, Mr John O'Connor, said suitability of plant item for the job, reliability, plant-operator skill, back- up service and hire rate were all taken into account.
Plant-hire contractors also had to produce a tax clearance certificate, Mr O'Connor said. It was council policy to try to achieve value for money, he added.
Mr Michael Healy-Rae voted against the request to seek senior legal opinion on the position in Irish law on conflict of interest. The request for legal advice was also strongly opposed by Mr Brian O'Leary (FF) and Mr Paul O'Donoghue, (FF).
Seconding the motion, Mr Billy Leen (Ind) said no aspersions were being cast on Mr Danny Healy-Rae but Mr Cronin was entitled to seek clarification on the general matter.