Councillor claims holding a meeting without public access is illegal

The legality of holding a council meeting when the public had access to it was challenged at Tuesday's meeting of  the Lifford-Stranorlar Municipal District

As the online meeting started Cllr Frank McBrearty Jnr raised a point of clarification at the outset asking why the meeting was not being held in situ either in Lifford or Stranorlar or online.

"My understanding is now that the Covid restrictions are over we can meet in the chamber again like the other municipal districts?

"I think this affects the legality of this meeting. This is supposed to be a public meeting but they have no access to it. This meeting is not legal if it's not in public," he claimed.

Cathaoirleach of the municipal district, Cllr Gerry Crawford said he could not answer anything about the legalities but was happy to proceed.

"It may be legal or not but I propose to go ahead," he said.

Cllr McBrearty Jnr said this point needed to be clarified by the council executive

Area manager, housing, and corporate Service, Olive Gillespie said the meeting was being held in accordance with their standing orders while holding it remotely, The press had also been notified of the date of the meeting. She said they could also decide if they wanted to hold the next meeting in person.

Cllr McBrearty Jnr said they had already held a full council and a mica meeting as well in situ.

"I want to know the reason. The public is entitled to attend this meeting so we either hold this meeting in chambers or it is streamed live to the public. I want to know from the executive, is this a public meeting, and is the public entitled to attend? Why haven't they been facilitated, and you as chairman have an onus to do this?"

Cllr Crawford said he intended to proceed but if there was anything they could do to improve things for the next meeting they would look at it.

"There is still a lot of Covid out there and perhaps people who are zooming in here today who have Covid or are afraid they might have it so it's prudent under the circumstances to proceed with it."

Cllr McBrearty Jnr argued he had been advised that this meeting was illegal.

"We are accountable to the public," he added.

Meeting administrator and acting director of housing, corporate and cultural services, Patsy Lafferty said members of the public can request a link to the meetings. He said he knew there were different views expressed at a recent CPG meeting about meetings going forward, in person, online, or blended, and probably more consideration to give to this.

Cllr McBrearty Jnr: "It's a yes or no question, is the meeting legal?

Patsy Lafferty: "I've already answered the question."

Cllr McBrearty Jnr: "No you haven't and that's the problem with this council. There is no access for the public to this meeting and legally you are obligated to allow the public to access municipal district and full council meetings. I'm 13 years on this council, I'm an ex-mayor, I know the rules."

Cllr Crawford brought the debate to a close saying things needed to be clarified for their next meeting and proposed the meeting go ahead. he gave Cllr McBrearty Jnr an undertaken his points would be noted.