An application by the Wicklow county manager to have 17 members of the county council pay an estimated legal bill of €120,000 resumed in the High Court yesterday.
Lawyers for the majority of the councillors argued that no order for costs should be made against the 17. However, if an order was to be made, it should involve three or four councillors who were alleged to have instructed a solicitor, leading to proceedings being issued against the county manager.
The bill arises from a failed attempt by councillors to have the court overturn a managerial decision to grant planning permission for the conversion of a milking parlour at Oghill, Redcross, for use as a pet crematorium. The manager gave planning permission on July 13th, 2000.
It had been submitted on behalf of councillors that, at a meeting on July 10th, 2000, 22 of the 24 members voted in favour of a motion directing the manager to refuse permission. Mr Justice Ó Caoimh in a High Court decision in February 2003 held that the councillors had not established substantial grounds to show the manager's conclusion was incorrect. The manager had been entitled to treat the motion as invalid and not binding on him.
During a July 2003 court hearing it had been submitted that 17 councillors voted in August 2000 that a firm of solicitors, Fionnula Cawkhill and Associates, be instructed to bring proceedings against the manager to compel him to comply with the councillors' direction and "make necessary financial resources available in this regard". Yesterday, lawyers representing various political parties and individuals argued that Mr Justice Ó Caoimh should not impose the legal costs of the High Court hearings on the councillors.
Mr Richard Keane SC, for six Fianna Fáil councillors and Independent TD Ms Mildred Fox, said the question of whether the councillors should pay costs had already created extraordinary bitterness and disharmony within the council. He described as "opportunistic" what was being done by the county manager who he said was seeking to teach people a lesson.
He said the matter was in any case "moot" as the permission was now being appealed by local residents to An Bord Pleanála.
Mr Keane said if costs were to be visited on councillors, his clients had to distance themselves from the three or four who dealt with Ms Cawkhill. These are understood to be Mr Tommy Cullen, a former member of the Labour Party; Mr Nicky Kelly of Labour; Mr Pat Doran of Fianna Fáil and Mr Sylvester Burke of Fine Gael.
Counsel for the Fine Gael members, including Mr Burke, said the matter arose from concerns of residents whom the councillors represented. The court should be looking to protect local democracy. Visiting the costs on local councillors was sending the wrong message to people wanting to be involved in the democratic process.