FG member in threat to sue as council row simmers on

A FINE Gael councillor in Dún Laoghaire Rathdown County Council has threatened legal action against a Green Party councillor following a row in council chambers.

Solicitors for Cllr John Bailey, former chairman of the GAA Dublin County Board, have written to Cllr Tom Kivlehan claiming that their client was defamed in the chamber at a meeting in March.

At March's council meeting a debate on the council's waste service became heated when Mr Kivlehan accused Mr Bailey of not reading the manager's report.

He made allegations about the financial position of the waste service during Mr Bailey's two-and-a-half year tenure on the council's environmental strategic policy committee (SPC).

His remarks were followed by a row and he finally agreed to withdraw them, saying that it was "just a comment that was made", but he added "I didn't apologise" as he took his seat.

The matter spilled over into April's meeting this week, when a motion was put to the council by the Green Party to amend the March minutes to read "in the course of the debate Cllr Tom Kivlehan, at the request of the cathaoirleach, agreed to withdraw remarks he made in relation to Cllr John Bailey's period as chairman of the environmental SPC. The council accepted this."

However, the motion was defeated by 12 votes to eight.

Comments made at local authority meetings are covered by qualified privilege. However, the defence of qualified privilege is defeated by the presence of malice.

Mr Bailey told The Irish Times his solicitor had written to Mr Kivlehan and asked him to apologise.

He had also offered Mr Kivlehan an opportunity to apologise for his comments on the record at the council's monthly meeting. However, the Green Party councillor had not availed of the opportunity.

Mr Bailey said that under the council's own standing orders no member should impugn the character and reputation of another member. "Sometimes on our feet in the council we say things we regret in the heat of the moment and then we apologise," he said.

"Mr Kivlehan has not apologised."

He said his character and reputation were important to him and he was entitled to defend them.

"I will now take the next appropriate step to get my character re-established, there is no backing down on this," he added.

Mr Kivlehan said he believed the matter was already settled. "I was asked to withdraw the comments and I did, and that was accepted by the council," he said. "This is the cut and thrust of politics. The matter is finished as far as I am concerned."