13/04/11 - Investigation Report - Councillor, Donegal County Council

5. Findings and Determinations

For convenience, the contraventions alleged against Councillor Slowey are now set out in turn, followed by the Commission's findings and determinations.

1. That Councillor Terence Slowey contravened section 168 of the Local Government Act 2001 by failing to maintain proper standards of integrity, conduct and concern for the public interest in carrying out his functions as a member of Donegal County Council in that he claimed travelling expenses from Donegal County Council in respect of his attendance at the Third Sector Forum Seminar on Local Authority Financing Conference on 16 to 18 October 2008 in Killarney, Co. Kerry while also claiming travelling expenses from the Border Regional Authority in respect of his attendance at the Associations of Irish Regions Conference on 17 October 2008 in Clonakilty, Co. Cork, in contravention of directions issued by the Minister for the Environment, Heritage and Local Government under article 16 of the Local Government (Expenses of Local Authority Members Regulations 2006 (SI 668 of 2006) made pursuant to section 142(1) of the Local Government Act 2001.

The Commission is satisfied, on the evidence before it, that Councillor Slowey contravened section 168 of the Local Government Act 2001 in the manner alleged. The Commission is satisfied on the balance of probabilities that the contravention was committed recklessly and that it was, in all the circumstances, a serious matter.

2. That Councillor Terence Slowey contravened section 169(3) of the Local Government Act 2001 and acted in disregard of the provisions of paragraphs 2.1, 2.2, 2.3, 3.9 and 8.1 of the Code of Conduct for Councillors by claiming travelling expenses from Donegal County Council in respect of his attendance at the Third Sector Forum Seminar on Local Authority Financing Conference on 16 to 18 October 2008 in Killarney, Co. Kerry while also claiming travelling expenses from the Border Regional Authority in respect of his attendance at the Associations of Irish Regions Conference on 17 October 2008 in Clonakilty, Co. Cork, in contravention of directions issued by the Minister for the Environment, Heritage and Local Government under article 16 of the Local Government (Expenses of Local Authority Members) Regulations 2006 (SI 668 of 2006) made pursuant to section 142(1) of the Local Government Act 2001.

The Commission is satisfied, on the evidence before it, that Councillor Slowey contravened section 169(3) of the Local Government Act 2001 and acted in disregard of the provisions of paragraphs 2.1, 2.2, 2.3, 3.9 and 8.1 of the Code of Conduct for Councillors in the manner alleged. The Commission is satisfied on the balance of probabilities that the contraventions were committed recklessly and that they were, in all the circumstances, serious matters.

3. That Councillor Terence Slowey contravened section 169(3) of the Local Government Act 2001, and acted in disregard of paragraph 8,2 of the provisions of the Code of Conduct for Councillors by not attending the whole of the Third Sector Forum Seminar on Local Authority Financing Conference on 16 to 18 October 2008 in Killarney, Co. Kerry.

The Commission is satisfied, on the evidence before it relating to the circumstances of this particular case, that Councillor Slowey contravened section 169(3) of the Local Government Act 2001 and acted in disregard of the provisions of paragraph 8.2 of the Code of Conduct for Councillors in the manner alleged. The Commission is satisfied on the balance of probabilities that the contravention was committed recklessly and that it was, in all the circumstances, a serious matter.

4. Being a  “specified person” within the meaning of  section 4(6) of the Standards in Public Office Act 2001, Councillor Terence Slowey did a “specified act" within the meaning of section 2 of the Ethics in Public Office Act 1995 (inserted by Schedule 1 of the Standards in Public Office 2001), or a series of such acts, by way of his conduct in relation to claiming travelling expenses from Donegal County Council in respect of his attendance at the Third Sector Forum Seminar on Local Authority Financing Conference on 16 to 18 October 2008 in Killarney, Co. Kerry while also claiming travelling expenses from the Border Regional Authority in respect of his attendance at the Associations of Irish Regions Conference on 17 October 2008 in Clonakilty, Co. Cork, in contravention of directions issued by the Minister for the Environment, Heritage and Local Government under article 16 of the Local Government (Expenses of Local Authority Members) Regulations 2006 (SI 668 of 2006) made pursuant to section 142(1) of the Local Government Act 2001, which conduct, and/or the circumstances of such conduct, was inconsistent with the proper performance by him of the functions of a member of Donegal County Council and of the functions of a member of the Border Regional Authority and/or with the maintenance of confidence in such performance by the general public and which matter is one of significant public importance.

The Commission is satisfied, on the evidence before it, that Councillor Slowey did a series of "specified acts" in the manner alleged. The Commission is satisfied on the balance of probabilities that the "specified acts" were committed recklessly and that they were, in all the circumstances, serious matters.

General Findings

The Commission regards the claiming of unwarranted expenses to be unacceptable and to be a serious matter.

By their nature, the Commission finds that the contraventions at 1 to 4 are not continuing ones. The Commission also finds that Councillor Slowey did not act in good faith in relation to each of the contraventions.

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