Niall Collins should have absented himself from council meeting over land sale, Taoiseach says

Taoiseach Leo Varadkar has said it would have been “better practice” for Niall Collins to absent himself from a Local Electoral Area (LEA) Committee of councillors in Bruff, Co Limerick, that discussed the sale of land that was subsequently bought by Mr Collins’s wife in 2008.

Mr Varadkar pointed out, though, that the LEA did not have the statutory legal power to dispose of the property, saying it could only be sold after a full meeting of the local authority.

Green Party leader Eamon Ryan also said Mr Collins “should have recused himself” when the issue was discussed at the LEA committee.

However, he added that the site was sold on the open market, after a decision taken by the full council.

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[ Background: Niall Collins and the events that led to the sale of a site by Limerick County Council to his wife ]

Tánaiste Micheál Martin said the Limerick TD and Minister for State Niall Collins is prepared to go before the Dáil to make a statement on the sale of a site by Limerick County Council to his wife in 2008.

Mr Martin said Mr Collins has been in contact with the Ceann Comhairle through the whips’ office and has sought speaking time. Mr Martin argued that Mr Collins did not breach any provisions of the Local Government Act or breach any legal provision, as the Local Electoral Area (LEA) Committee of councillors in Bruff, Co Limerick, did not have the statutory legal power to dispose of property.

“That’s self evident. A LEA committee has no statutory authority,” said Mr Martin, saying it was only a meeting of the full council that had the authority to dispose of land.

He also said that Mr Collins was no longer on the council when the land was sold.

Speaking in the Dáil later, Mr Varadkar confirmed Mr Collins had written to the Ceann Comhairle’s office seeking time to make a further statement to the Dáil.

Mr Varadkar also said he did not believe questions and answer sessions in the chamber were “fair” and that the Dáil was “a parliament, not a kangaroo court”.

The Taoiseach was responding to People Before Profit TD Paul Murphy who said there needed to be an opportunity for TDs to have questions and answers with Mr Collins regarding the “very serious allegations” on the Ditch website.

Mr Murphy said a statement from the Fianna Fáil TD on Monday “did not dispute a single one of the allegations” set out by the website.

“He didn’t dispute the fact that his wife contacted Limerick County Council when he was a councillor seeking to buy a parcel of land,” Mr Murphy said.

“He did not participate that he then participated in the decision to put that land up for sale. He did not dispute the fact that he didn’t recuse himself. He didn’t declare his conflict of interest. He didn’t not vote in this decision.

“On the face of it, it is a very, very clear breach of the code of conduct for councillors. It is quite likely a criminal offence under the Local Government Act and we therefore need to have not just a statement, which I understand he’s agreed to do, that’s welcome ... We need the opportunity for TDs to have questions and answers with Niall Collins.”

In response, Mr Varadkar said it was his understanding that Mr Collins had written to the Ceann Comhairle’s office seeking time to make a further statement in the Dáil

“I believe he should be allowed to do so,” he said.

“I do not believe that the questions and answer sessions that happen in this chamber quite frankly are fair. I am somebody who has been subjected to it, this place is a parliament, it is not a kangaroo court.”

Mr Varadkar later said he was “confident” that Mr Collins hadn’t breached the Local Government Act. He said that only a full meeting of the local authority could dispose of a property and that Mr Collins wasn’t a member of the council at the time of the sale.

Mr Murphy said the Taoiseach’s description of a questions and answers session in the Dáil as a “kangaroo court” was “quite an incredible attitude to take to the basic idea of parliamentary accountability”.

Mr Varadkar said he and Mr Murphy were members of parliament. “You do not have the authority to decide who has committed a crime and hasn’t, nor do you have the authority to investigate it,” the Taoiseach said.

“If an allegation is being made of a criminal nature, there’s a proper process by which an investigation can be carried out and a prosecution carried out, if warranted. It’s not for you to do that, that’s not your role. We are a democracy, we do have a separation of powers between the legislative function of this place and the courts.”

Sinn Féin TD Pádraig Mac Lochlainn said this was the second time Mr Collins would come before the Dáil to make a statement.

“This is about our planning legislation regarding the sale of lands by local authorities applying to all citizens equally,” he said. “It could not be more serious. There cannot be a situation where he comes in, like he did the last time, at the close of business when there was no opportunity for the Opposition to have questions and answers.”

Labour leader Ivana Bacik said a previous Dáil statement by Mr Collins was made in a “hastily-arranged slot on a Thursday afternoon” when there was no time for questions.

“At the time, we said that was not good enough. Clearly, now it is absolutely incumbent on him to be in this House and to take questions,” she said.

Aontú leader Peadar Tóibín said the allegations in the Ditch were “astounding” but not unique, and that he knew of other cases where “Government politicians have voted on the sale of council land or the zoning of land where family members have been a beneficiary”.

“Elected representatives should not use their power to materially benefit themselves or their families,” he said.