High Court grants order enforcing Frank McBrearty’s council suspension

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

Donegal County Council secured a High Court order preventing independent councillor Frank McBrearty from attending, speaking or taking part in council and committee meetings until midnight on 27 February 2022.

The proceedings were reported on 17 February 2022. The council sought the order to enforce a suspension voted on by councillors on 31 January, arising from alleged disorderly conduct at meetings.

The report said McBrearty had attended a council meeting the previous week and had allegedly disrupted it, resulting in its adjournment to 21 February. McBrearty claimed he had not been allowed to raise points of order and had at times been muted during online meetings. He said he had been raising issues of public importance.

Before the orders were made, McBrearty told the court he would attend the upcoming meeting as a democratically elected councillor and take the consequences. He said he was prepared to sit in Mountjoy and had a duty to represent the people of Donegal.

Mr Justice Senan Allen said McBrearty had a right and duty to represent his constituents but also had a duty to abide by the law and lawful council rulings. The judge said McBrearty had made no formal application to challenge the suspension and was bound by it. He also awarded the council its costs.