Two members of Wicklow County Council have brought a High Court challenge to a decision of the Wicklow County Manager that they are disqualified from acting as councillors because of their failure to pay costs of unsuccessful legal proceedings.
Tommy Cullen, Blessington, and Pat Doran, Carnew, say they were elected in the local elections of June 2004. However, they were told last month that following their failure to pay €185,000 in legal costs arising from unsuccessful court proceedings against the county manager, they were deemed disqualified from membership of a local authority.
In an affidavit, Mr Cullen says the effect of the purported disqualification is "devastating" and means that neither he nor Mr Doran will be able to exercise their voting rights as councillors nor will they be able to vote in the Seanad elections.
In proceedings against the Wicklow County Manager and the State which will come before Ms Justice Mary Laffoy today, they will seek an injunction restraining any such disqualification pending the outcome of their legal action. Mr Justice Frank Clarke yesterday directed that the injunction applications could be heard today.
The proceedings arise from an unsuccessful action brought in 2000 against the county manager aimed at reversing his decision to grant permission for the conversion of a milking parlour for use as a pet crematorium.
Mr Cullen, Mr Doran and a third councillor, Nicky Kelly, were subsequently ordered to pay costs of some €185,000 arising from the proceedings.
Mr Cullen and Mr Doran claim the certificate of taxation of the legal costs was issued in December 2006 but not served until last June. On June 11th, when they arrived at the weekly council meeting, they were handed a letter which stated that the costs amount of €184,958 was payable by them and Mr Kelly.
The letter also stated that, under the Local Government Act, a person is disqualified from being elected or co-opted on to a local authority if they failed to comply with a "final judgment" or decree of a court.
On June 21st, payment of the costs amount was demanded within seven days. They had applied to the Supreme Court for a stay on the costs order but, before that motion came before the Supreme Court, it was announced at the beginning of a council meeting on July 2nd last that they had been disqualified from acting as councillors from December 29th, 2006. They say they were never previously advised of this.