18 December 2003: Naas Town Council has voted to accept legal advice that it is prohibited from funding local schools. But the latest 'conclusion' to a saga which began last May resulted in some extraordinary confrontations at the December meeting of the council.
In May, Naas Town Council passed a resolution that the Council was prepared to advance the town educational needs by providing funds for the new children’s school at the Sallins Road.
A second resultion was proposed at the June monthly meeting of the Town Council, that the Council accept a request from St Corban’s Primary School and give a one-off grant of €115,000 to the school to fund an extension.
Legal advice was sought by the Town Clerk. That subsequent advice from the Council’s own solicitors WA Osborne and Senior Counsel Patrick A Butler - which referred in part to legal advice given to the school by Arthur O'Hagan and Company - was the subject of heated discussion at Tuesday's December meeting of the Council.
The Council's advice says such funding is the responsibility of the Dept of Education and it would be ultra vires (ie: 'beyond') the powers of the Town Council and could lead to a personal liability on the individual Councillors.
Patrick A Butler's report notes that St Corban's School appear ‘to have conflicting advice from Messrs Arthur O’Hagan’.
“The advises set out in the letter of Arthur O’Hagan & Co, however, does not give any authority in support of the propositions set out therein,” Mr Butler states in his opinion, which was attached to a letter from WA Osbourne dated 2 December 2003.
The Tuesday night debate started over a motion put forward in the names of Cllrs Timmy Conway, Seamie Moore and Eibhlin Bracken.
The motion, as on the agenda, read ‘that the legal advice for the St Corban’s Primary School be considered and acted upon’. But just prior to the motion being discussed, Cllr Conway asked that it be amended ‘to accept the legal advice from the school’s solicitors, Arthur O’Hagan & Co, instead of the advice from the Council’s own legal advisor’.
Cllr Conway was warned by the town clerk that the Council cannot act on outside legal opinon, just on advice from its own legal advisors. “This Council does not have the legal authority to fund an extension to the school,” Declan Kirrane said.
Both Cllrs Conway and Bracken said they were not happy with that advice and Cllr Conway proposed the new version of the motion, seconded by Cllr Bracken.
They were again warned by the town manager, Tommy Skehan, that this was not possible as the only advice they were allowed to act on was that of WA Osborne, their own solicitor. “I, as manager can only act on the advice I have circulated to you tonight,” he told them.
(Councillors have been consistently told by town manager Tommy Skehan that they can only legally act on the advice from their own solicitors.)
A heated argument then ensued between the Mayor and Cllr Conway with the Mayor telling him: “I would have thought with your experience that you would have accepted the legal advice.”
Cllr Conway replied: “I won’t be browbeaten here. I have a right to have it considered and voted on.”
“That’s impossible. My hands are tied,” replied the Mayor.
Cllr Moore said he thought it ‘an absolute disgrace' that they were only handed the senior counsel’s advice that night. He claimed that it was already 'in circulation' amongst others.
“The legal advice says we can’t do anything about it. Don’t keep us here all night,” pleaded Cllr Charlie Byrne.
But Cllr Conway pushed for a vote and the Mayor said he would allow a vote.
“But what is it we’re voting on?” asked Cllr Willie Callaghan. When he was told by Timmy Conway that it was the new wording, he replied angrily: “That’s not what’s there in front of us. You have just rewritten it, but it has been on the agenda for three months. It’s a farce.”
“Hold on,” warned the manager. “What are you voting on?”
“They’re getting more and more like Ballymagash every month,” Cllr Mary Glennon suggested.
Cllr Seamie Moore then noted that Timmy Conway’s motion had been on the agenda before the senior counsel’s advice had 'come through’.
The Mayor, ‘for peace and unity’, said he would allow Cllr Conway to speak for the usual three minutes on a motion, at which Charlie Byrne told him: “You’re a jelly sweet with a soft centre!”
“Sure, I know that!” the Mayor beamed back.
Cllr Conway went on to praise the school for going ahead by itself and building new classrooms, allowing it take in pupils from Ballycane and the Convent of Mercy.
He pleaded for unity among members ‘to give them the money’ saying it was 'essential for the future of education' in Naas. “Without the school building itself we would have had a major crisis. It’s wonderful to have a school principal like that and we should give the money to the school.”
He was sharply reminded by Willie Callaghan that 'that’s not part of the resolution'.
“You’re dead right,” agreed the Mayor, who then proposed an amendment that they vote on the original advice from their own solicitor. He told Cllr Conway: “I am amazed you still don’t understand the elementaries. It’s frightening! We can only take one legal advice.”
Cllr Eibhlin Bracken interjected: “It’s not true we can only take one legal advice. It would not stand up in court!”
The town manager became visibly angry at this comment and the Mayor then again put forward his own amendment to the motion, which was that they accept the legal advice from their own solicitors. This was seconded by Cllr Willie Callaghan. (Amendments to a motion are voted on before the motion.)
With only seven councillors present (Cllr Egan had left, Cllr Pat McCarthy was absent for the whole meeting), the vote ended in stalemate at 3-3, with Cllrs Conway, Moore and Bracken voting against the amendment. Cllr Glennon had abstained. She then stood up and left, saying she was 'not participating in this kind of lunacy'. "This is not doing St Corban’s school any good. It’s only grandstanding by those people over there.”
Using his casting vote as chairman, the Mayor then sealed the issue by voting again for his own amendment. This effectively defeated the original motion.
