Limerick mayor John Moran accuses councillors of using legislation inappropriately

John Moran is Elected at Limerick Racecourse in Limerick's mayoral election in which citizens voted to directly elect their own mayor for the first time in the history of the State. Picture date: Tuesday June 11, 2024.

Limerick mayor John Moran has accused several local councillors of using legislation inappropriately to request emergency meetings while he is on annual leave.

Last week, a protest was staged as more than 100 businesses in Limerick City asked the mayor not to proceed with several road closures as part of his August activities programme, aimed at increasing footfall into the city centre. 

To discuss traffic restrictions before August 1, councillors Catherine Slattery, Kieran O’Hanlon, and Joe Pond requested a special meeting. The meeting was postponed as external legal advice was being sought.

Proposed under Section 140 of the Local Government Act 2001, the motion requested that Mr Moran and the Director General put a stop to the proposed traffic restrictions for August to protect traders from the impact of the closures.

A letter seen by the Irish Examiner confirms that after being approached for legal advice, Leahy Reidy Solicitors said a Section 140 resolution “will not achieve the intention of the elected members”.

Section 140 can be used by elected council members to pass a legally binding resolution requiring the chief executive to carry out a specific lawful function, if at least three members sign a written notice. It is a rarely used move.

On Friday, John Moran sent out an open letter, seen by the Irish Examiner, to all council members.

He claimed he was asked by the media about suggestions he had been “employing delaying tactics to prevent councillors considering a proposed resolution" until after the road closures had commenced.

In a four-page letter, Mr Moran said that following consultation with legal advisers, it was confirmed the submitted notice arrived too late for a meeting to “lawfully be held before the weekend”.

“That was not a decision made by me. It was not a request by me. It was not a postponement sought by me. It was the unavoidable consequence of the statutory notice period prescribed by the Oireachtas.” 

Mr Moran said council consultations regarding the August activation programme went on “for months”.

He said that “despite the relevant consultations going on for months and that we have had our own meetings to discuss elements of the plan, the notice was only sent during the only full week of scheduled leave I had chosen to take this summer”.

Mr Moran said it was legitimate for some councillors to disagree with him about the value of the Summer in the City initiatives.

"Legitimate debate is one thing. But purporting to have the right to use statutory powers manifestly for an inappropriate purpose is not legitimate debate,” he said.

Catherine Slattery, Kieran O’Hanlon and Joe Pond were contacted for comment by the Irish Examiner. Ms Slattery declined to comment.