Labour’s Keith Martin is to appeal his five-year suspension from Westport Town Council. He spoke to The Mayo News.
Martin will appeal ‘draconian and unfair’ decision 
Áine Ryan AS COUNCILLOR Keith Martin prepares to appeal his suspension from Westport Town Council, a former colleague has told The Mayo News that political correctness has gone way too far.
That’s the view of Peter Flynn, a Fine Gael county councillor, who told The Mayo News that nobody knew about this legislation, which comes under the provisions of the Local Elections (Disclosure of Donations and Expenditure) Act, 1999.
Cllr Martin was last week suspended from sitting on Westport Town Council, or any local authority, for the next five years, because he was five days late submitting his Disclosure of Donations and Expenditures documentation regarding his failed bid for membership of Mayo County Council.
However, he has a right to appeal this decision to the Circuit Court on a number of grounds set out in Section 15 of the Act.
“No one knew about this legislation. Of course you need to have control of spending but everyone knows that in Mayo this is not excessive,” Cllr Flynn also said.
“I believe the statutory Declaration of Interests contributes far more to the transparency and ethical standards of elected representatives,” he continued.
Responding also, Cllr Myles Staunton, the Cathaoirleach of Westport Town Council, observed that it was important ‘to emphasise that the issue has arisen only in respect of an oversight regarding the timing of the submission of the form required under legislation and not the content of any forms submitted’.
”I understand from Keith Martin that the two forms have now been submitted and that Keith is taking legal advice in respect of the options available to him,” said Cllr Staunton.
He continued: “In my view the matter has to be kept in perspective, this legislation was originally enacted to ensure that a transparent relationship exists in relation to public representatives and election expenses.”
“I have served on the council with Keith for the last five years and I have no hesitation in saying that Keith has always acted honestly and beyond reproach in his role as councillor,” he added.
Moreover, Cllr Margaret Adams said yesterday that Fianna Fáil councillors were regularly reminded of their duty to make the returns.
She said: “It was unfortunate that this had to happen but we were all given adequate notice from the council officials.
Meanwhile, Peter Hynes, Town Manager said: “This is an unfortunate situation and hopefully it will be resolved in the near future.”
All the other candidates in last June’s local elections to fall foul of the legislation failed to be elected. They were Ian McAndrew, Kevin Guthrie, Thomas King and David Fallon.
Keith Martin speaks to The Mayo News HAVE received a letter from John Condon, County Secretary of Mayo County Council, to say that because I was five days late in submitting my Disclosure of Donations and Expenditures that I have been disqualified from Westport Town Council.
Because I was successfully elected to Westport Town Council I was granted a 7-day grace period by Westport Town Council, however the Act makes no such provision for unsuccessful candidates and thus I am supposedly disqualified from sitting on Westport Town Council by the lack of a grace period from Mayo County Council.
I have since submitted my completed Disclosure of Donations and Expenditures forms to both local authorities.
It seems very unfair that there is one law for successful candidates and one for unsuccessful candidates and that the rules are such that Mayo County Council can bar me from holding my democratically elected office on Westport Town Council.
Obviously I want to resolve this as quickly as possible. My council colleagues have been very supportive and they adjourned a meeting about the Draft Development Plan last week. I have sought advice from my solicitors and it is looking like I will be retaining a barrister for the Circuit Court.
There are acceptable grounds for being late and I have a medical certificate. Otherwise, the other option is to resign and the Labour Party will co-opt someone else.
It does seem very harsh for being late that I am barred from office and have to go to court. It seems very draconian and very unfair.
