Quinn: I can’t act on removing councillor

Education Minister Ruairi Quinn has said he has no power to act on County Cork VEC’s request to remove a whistleblowing councillor from its board.

His spokesperson also confirmed County Cork VEC (CCVEC) acted outside the law governing its conduct when it asked him to remove Cllr Humphrey Deegan from his position.

Under the founding legislation for VECs, a minister cannot remove a single member of a committee.

A minister can only disband an entire VEC under strict conditions.

“The minister is not empowered in the VEC legislation to remove an individual member from a VEC,” a spokesperson said.

“In addition, the motion passed by the Cork VEC is not in accordance with VEC legislation.”

Following its monthly meeting in March, CCVEC chairman Gerry Kelly wrote to Mr Quinn and asked him to remove Mr Deegan from the committee. The letter said a motion to this effect had been agreed to at the committee.

It has now emerged that, under a 2001 amendment to the VEC laws, a committee cannot vote to remove or criticise a member. Under its reserve functions, which specify what a committee can do, the law says it shall not pass a motion on the performance of a part of the committee.

The removal request followed numerous clashes between Mr Deegan and the committee. This came after he demanded information on governance failures and financial losses in the organisation.

These related to scandals at Macroom Youthreach, the grounded Omar B sail training programme in Bantry, unauthorised borrowing in Mallow, a collapsed computer contract in Glanmire, and the failure of the VEC to circulate audit records.

In 2011 Mr Deegan resigned as chairman of its audit committee after he said VEC management had failed to supply him with information he requested.

Mr Deegan said the fact CCVEC did not comply with the law, when it voted to oust him from the committee, was in keeping with its attitude to corporate governance.

He said the vote was taken at an in-camera meeting and he had previously raised concerns with the department about the operation of these meetings at CCVEC because there is no legal provision allowing committee business to be conducted in private.

“County Cork VEC is either unaware of the regulations or does not care about them. On top of this the vote to remove me was held at an in-camera meeting and I still believe the committee does not have the power in law to hold in-camera meetings,” he said.

CCVEC chairman Gerry Kelly was contacted, but he did not comment.