Galway County Council does not intend to disqualify Michael "Stroke" Fahy from the local authority immediately, pending the lodgment of any appeal
The local authority would make no comment on the outcome of yesterday's sentencing of the county councillor for theft and fraud, but it is understood that Mr Fahy has been invited to next Monday's local authority meeting.
It is understood that the council does not believe it is in a position yet to invoke section 13 of the Local Government Act 2001, which disqualifies a person from being elected or co-opted to a local authority for a number of different reasons. The relevant wording refers to conviction or "conviction confirmed on appeal" for an offence relating to fraudulent or dishonest dealings affecting a local authority.
Mr Fahy (56) is one of the longest-serving members of Galway County Council, latterly as an Independent. He resigned from Fianna Fáil in September 2004, when he confirmed in a statement issued by party headquarters that he was the councillor at the centre of a Garda inquiry into alleged misappropriation of road funding.
A farmer and insurance salesman, Mr Fahy has held a reputation as an energetic public representative who topped the polls in the last two local elections. He earned his "Stroke" nickname when he called a meeting of party officials in Dublin in 1979 over his failure to secure a general election nomination. After the meeting, he was added to the ticket.
Shortly before the June 2004 local elections, he acknowledged that he had used Oireachtas envelopes to send out hundreds of canvassing letters, a service normally confined to TDs and senators.
At the time, he told the Connacht Tribune that he was doing "what everybody else is doing".
In April 2003, he threatened to go on hunger strike unless changes were made to the Galway County development plan and said he had lost faith in planning officials.
Mr Fahy has been a member of the Limerick Prison visiting committee. Several days after his conviction earlier this month, he attended the City and County Council Association's agm in Dungarvan, Co Waterford.
Stephen Collins, Political Editor, adds: Minister for Social and Family Affairs Séamus Brennan yesterday said he did not wish to comment in detail on an issue which had been before the courts.
He added, however, that any public representative had a special duty to uphold the law in the spirit and the letter. Party general secretary Seán Dorgan pointed out that Mr Fahy had resigned from the party when the charges were preferred against him.