Council secures order restraining Frank McBrearty from attending meetings

Donegal County Council has secured a High Court order restraining Cllr Frank McBrearty from attending any of its meetings until the end of the month. 

The council sought various orders to enforce the suspension of independent councillor Frank McBrearty, which was voted on last month by elected members, the court heard. It arose out of the allegedly disorderly way Cllr McBrearty had conducted himself at the council’s meetings. 

Prior to the orders being made, Cllr Frank McBrearty told the court on Thursday that he would attend the upcoming council meeting as a “democratically elected councillor” and will “take the consequences”.

“I am prepared to sit in Mount Joy as long as I have to… I have a duty to represent the people of Donegal at that council meeting and to expose corruption,” he said.

Cllr McBrearty, of Tullyvinney Raphoe Co Donegal, came to national prominence over a decade ago due to the Morris Tribunal’s ruling that Gardaí had tried to frame him for the 1996 murder of Richie Barron.

The councillor claimed he was restricted in making points of order at council meetings and had at various points been muted during online meetings. He said he has been raising issues of public importance and exposing alleged “systemic corruption” within the county council. 

Council is seeking a High Court order to enforce suspension of councillor

Judge granted council permission to serve notice of the injunction on Cllr Frank McBrearty

Marcus Dowling SC, for the council, said the injunction was sought to ensure that Cllr McBrearty complies with the decision made on January 31 to suspend him from attending council meetings. 

Cllr McBreaty had attended a council meeting last week and had allegedly disrupted it, resulting in the meeting being adjourned to next Monday, February 21.

Mr Dowling said there is an “obvious public interest” in the council being able to conduct its business. The suspension was arrived at as a result of a “direct exercise of an express power” of directly elected members of the council, he said. 

A total of 33 out of the 37 elected councillors voted in favour of the motion, the court heard.

Mr Justice Senan Allen said he was satisfied to grant the orders sought, including one preventing Cllr McBrearty from attending, speaking or taking part at any meetings, or committee meetings of the council until midnight on Sunday, February 27.

The judge said it was Cllr McBrearty’s “right and his duty” to represent his constituents, but in doing so he also had a duty to abide by the requirements of law and any lawful rulings of the council. 

He said the evidence before the court was the chairman of the council had put in motion a procedure provided for in the Local Government Act, which led to Cllr McBrearty’s suspension. While it was “quite clear” Cllr McBrearty is dissatisfied with the decision, he did not make any formal application to challenge it and “clearly he is bound by it”, said Mr Justice Allen.

The judge also awarded the council its costs.