Legal advice on pay parking made available
CHIEF executive of Louth county council Joan Martin is to release to members the legal opinion obtained by the local authority in respect of the pay-parking controversy in Drogheda.
This follows the relevant bye-laws being called into question and the council’s decision, on consideration of the legal opinion given, to suspend charging for parking in Drogheda pending the adoption of new bye-laws.
At the May meeting of the council, at the proposal of Cllr Mark Dearey, seconded by Cllr Kevin Callan, it was agreed by members to seek their own legal advice in relation to the Drogheda parking bye-laws.
However, Ms Martin told the June meeting that this matter is a reserved function of the members of the district of Drogheda, not Louth county council.
‘In my view it is not appropriate for Louth county council to seek legal advice.
‘ The district didn’t ask for a second legal opinion and it does not fall within the jurisdiction of county council members to seek legal advice on the matter. That’s my opinion, as simple as that,’ the chief executive continued. Cllr Kevin Callan said the original legal opinion also referenced Dundalk and ‘went beyond Drogheda’.
This impacts on the Louth county council budget and is a matter for this chamber, he added.
Cllr Mark Dearey, who raised the issue during adoption of the minutes of the May meeting, noted Joan Martin has twice denied legal opinion to members.
‘ To be blocked at this stage is a case of the chief executive having her cake and eating it. She can bring legal opinion and not show it, then block us seeking a second legal opinion.’
Cllr Dearey said there are serious budgetary consequences.
Ms Martin replied the legal advice has nothing to do with budgetary issues. The bye-laws are solely a matter for the Drogheda district.
Cllr Dearey pointed out they are at least a month away from getting a second legal opinion using the Drogheda district as a conduit.
The chief executive then said she would think about releasing the legal advice, and at the end of the meeting confirmed she will circulate it to members for their information.