A Wicklow councillor has said he feels exonerated following an investigation into a complaint that he failed to declare a professional interest in land he proposed for rezoning.
The investigation by the cathaoirleach and county manager of Wicklow County Council found no evidence that Cllr Fachna Whittle (Fianna Fáil), a solicitor, had any beneficial interest in land he proposed for rezoning in 2004. But it found that the motion to rezone had been an "error of judgment" on his part.
The council began the investigation after receiving a complaint from Cllr Deirdre De Burca (Green Party).
Ms De Burca said that at a council meeting in July 2004, Cllr Whittle, a solicitor with Haughton McCarroll, proposed the rezoning of a quarry at Ballylusk near Ashford, which has been the subject of ongoing legal proceedings over its planning status.
But he did not declare that he had represented the quarry owners, O'Reilly Brothers Ltd, in these legal proceedings.
Ms De Burca said this was in breach of the Ethical Framework for Local Government.
Cathaoirleach Cllr John Byrne and county manager Eddie Sheehy found it was "unwise" of Mr Whittle to propose the motion, but there was no evidence that he had any "beneficial or other pecuniary interest" in relation to the motion to rezone the lands.
They recommended that guidelines in the code of conduct for council members be expanded to give solicitors and other professionals, such as barristers, doctors and accountants, detailed guidance on the ethics code.
They criticised Ms De Burca for her "failure to participate in the process" and recommended that their inability to compel witnesses to attend the investigation be reconsidered under future revisions of local government legislation.
Mr Whittle said the complaint against him was unjustifiable.
"I was totally and utterly exonerated," he said.
"The last year has been a tough one for me and my family and I hope it doesn't happen to anyone else."
Ms De Burca said she was unhappy with the outcome.
"The report said that there was no beneficial interest to him - I don't accept that," she said.
"While he mightn't have had a direct financial gain you could argue that there was a beneficial interest of sorts.
"I don't believe it is ethical for a councillor who is a solicitor to propose his client's land for rezoning."
She said the investigation should have been carried out by an independent person, and she defended her decision not to be questioned during the investigation.
