The Standards in Public Office Commission (SIPO) has heard evidence about the events in the lead-up to Meath County Council rezoning land that was ultimately owned by the son of former Fianna Fáil councillor, Tommy Reilly.
The plot of land in question, located on the outskirts of Navan, increased eightfold in value after it was rezoned.
In one of his closing remarks on the first day of this SIPO investigation hearing, the commission's chairperson, retired judge Garrett Sheehan said that at the core of this case is "what Mr Reilly knew or didn't know at a particular time".
Mr Reilly, who was the outgoing cathaoirleach of the council at the time, lost his seat on Meath County Council in the local elections in June of last year.
He had held that council seat in the Navan Local Electoral Area for Fianna Fáil for 27 years.
Meath County Council previously carried out an internal investigation into a potential breach of ethical rules by the then councillor.
The investigation was launched after the local authority became aware of Mr Reilly’s connection to the 35-acre site at Liscarton, which was ultimately owned by one and then two of his sons.
The site was bought for €500,000 in 2016, rezoned by the council the following year and then went on the market for €4.2 million.
This afternoon, the former chief executive of Meath County Council, Jackie Maguire gave evidence before the SIPO investigation hearing.
Ms Maguire told the commission that she first became aware of a possible contravention of the Local Government Act 2001 when, on foot of a media query, a referral was made to both her as chief executive and then cathaoirleach of Meath County Council, Cllr David Gilroy.
She said the media query related to Mr Reilly’s attendance at a special planning meeting of the full council on 19 July 2017.
An internal investigation by the council was subsequently launched and found that while Mr Reilly had excused himself from the vote which reclassified the land in question, he "inadvertently" broke ethical rules by not "updating his register of interests".
However, Mr Reilly has always maintained that he believed he acted in good faith and that he had met his statutory and ethical obligations by disclosing a conflict of interest and absenting himself from consideration of the particular matter at that special council meeting in July 2017.
A report on the matter was completed by Meath County Council in October 2020 and included a review of the council’s processes, the rezoning of the land and the resulting planning application, as well as an interview with Mr Reilly.
The council found that, based on the information available, no disciplinary action was warranted.
The commission was told today that the council’s findings stated: "It is considered there was compliance with the spirit but not the letter of the framework.
"Based on the evidence available and submitted as part of a review of this case, we consider Councillor Reilly inadvertently breached the ethical framework of the government service."
However, the commission was also told that Mr Reilly had accompanied his son in a representative capacity at a pre-planning consultation with council officials in relation to the land at Liscarton before it was rezoned.
Ms Maguire told the public ethics watchdog that she found such a move to be "unwise" because the councillor was making representations for his son.
The SIPO investigation hearing was also told that Mr Reilly’s name had been mistakenly listed as the applicant on the planning application for the land.
Eamon Collins, the director of a firm which provides planning consultancy services, also gave evidence before the commission.
He said that his firm was first contacted by Mr Reilly’s son, Kieran, in around 2017 in relation to a query about plans.
Mr Collins was questioned by the legal counsel for the commission, Mark Curran BL, about why Mr Reilly’s name was listed as an applicant on the planning application alongside that of his son’s.
Mr Collins replied: "That was a mistake on our behalf. I was never told that. I probably translated that back to my office. That was a complete and utter error on my part."
He said when he got told of the mistake two years later by Kieran Reilly, he corrected the record and sent a letter to Meath County Council.
He added that Kieran Reilly was the only one he ever had any contact with.
Despite the commission being told that the availability of the next two witnesses could only be guaranteed today, the investigation hearing was adjourned at around 3.30pm this afternoon and will enter a second day on Monday.
The six members of the commission hearing the evidence are: its chairperson and retired judge of the Court of Appeal, Garrett Sheehan; the Comptroller and Auditor General, Seamus McCarthy; the Ombudsman and Information Commissioner for Ireland, Ger Deering; the Clerk of the Dáil, Peter Finnegan; the Clerk of the Seanad, Martin Groves; and "ordinary member" and former member of the Seanad, Geraldine Feeney.
