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Personal liability of county councillors?

  • 31-07-2014 7:24pm
    #1
    DazMarz
    Closed Accounts Posts: 8,493 ✭✭✭


    Mods, please lock/delete this thread! Apologies... :(


Comments

  • #2
    Victor
    Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    It is highly doubtful that any elected representative would be held personally liable in such a situation - you need to separate the person from the office of councillor. They could of course be held politically responsible.

    The courts would likely only interfere if councillors did something illegal, as opposed to doing / not doing something desirable but voluntary. In certain instances, the Department of the Environment, Community and Local Government can also intervene.

    Don't bother councillors with such matters - go direct to the person who will get the job done.


  • #3
    234
    Registered Users, Registered Users 2 Posts: 1,529 ✭✭✭234


    It's no individual councillor's responsibility to repair roads. Also bear in mind the non/mal/mis-feasance issues with suing for poor road conditions.


  • #4
    DazMarz
    Closed Accounts Posts: 8,493 ✭✭✭DazMarz


    as above


  • #5
    Victor
    Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    Well, can the road be fixed?

    I would suggest he refers the correspondence to his liaison officer in the council.


  • #6
    DazMarz
    Closed Accounts Posts: 8,493 ✭✭✭DazMarz


    as above


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  • #7
    Victor
    Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    DazMarz wrote: »
    But, here's a crazy one, no hedges/ditches can be touched (ie. cut) between March 1st and August 31st, due to birds nesting.
    I understand there are exemptions for this along roads, if it is a safety issue.

    See section (c) here: www.npws.ie/media/npwsie/Consolidated Version of the Wildlife Acts.doc
    Also, the area engineer has very little budget to play with at present, so that's another thing.
    I think this is the reality.


  • #8
    Paulw
    Registered Users, Registered Users 2 Posts: 13,381 ✭✭✭✭Paulw


    It would be hard to see how a councillor would be personally liable. Normally any report of faulty roads would be passed from the councillor to the roads dept of the council, who would then file it with the other road repairs, and get around to fixing it when they have the resources and budget. A councillor would have no part in the actual road repair, aside from reporting it to the roads dept.

    I'm not sure on what grounds you would attempt to personally sue a county councillor.

    If anything, why would you be reporting a roads issue to an individual, such as a councillor, and not reporting it to the roads dept of the council?


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