MEMBERS of Fermanagh and Omagh District Council have overturned a previous decision against seeking a report on options around potential legal action against the Department for Infrastructure.

With meetings being held remotely, internet issues occurred during the full November council meeting, causing confusion.

Independent Councillor Donal O’Cofaigh had proposed obtaining legal advice on options available to pursue the Department for allowing leakage of sewage into water courses, stating: “They [the Department] are failing to deliver to prevent unacceptable levels of pollution. We, as a Council, may have an opportunity to force action.”

Dissent

This was seconded by Councillor Emmet McAleer, Independent, but with dissent evident, the matter went to a vote and a pattern emerged of Sinn Fein and Independents in support, with the SDLP, UUP and DUP against.

During this period, an intermittent internet connection issues threw the vote into chaos.

In the confusion, Sinn Fein Councillor Chris McCaffrey mistakenly voted against the motion, ultimately swinging a negative result of 19-18.

Councillor O’Cofaigh expressed disappointment, noting: “The [internet] link collapsed, and some councillors didn’t know how they voted. Unless we take serious action – including legal action – against the Department, we are just a talking shop.”

Councillor Victor Warrington, Ulster Unionist, interrupted, stating: “The vote was taken and the decision made. We don’t do post-mortems.”

But Councillor Sheamus Greene, Sinn Fein contended the vote should have been restarted as it was wrongly taken, adding: “The will of the council has not been expressed properly.”

Councillor Bernice Swift, Independent, seconded the call for a re-run of the vote, but this was ruled out.

At the December meeting, Councillor O’Cofaigh tabled a rescinding motion, stressing the proposal was to exploring legal remedies on “the continued instances of wastewater and sewage overflow into waterways across the district”.

He continued: All I’m requesting is a report on our legal options. I believe this Council can force this issue forward. It’s impacting [on] our tourism, water quality and environment, so I don’t think it could be hugely contentious.”

Seconding, Councillor McAleer branded the previous vote farcical, adding: “It’s depressing we have to go to these lengths. We are asking for a report, not launching legal action at this stage.

“I don’t see why anyone would oppose, given the severity of the matter in question.”

Ulster Unionist Councillor John McClaughry felt the motion was a waste of time, telling members: “We already have statutory agencies to look at things such as pollution.

“I don’t know where we’re going with this legal action, and what we’re looking to do.

“This Department is crying out that it doesn’t have enough money, and we’re going to start legal action against it.

“Is this Council going to take legal action against Departments who aren’t providing for this district, because if we do, we’ll be taking many [such actions]. It’s one of the silliest things we talked about.”

In reply, Sinn Fein’s Councillor Tommy Maguire was disappointed Councillor McClaughry felt as he did.

He said: “This is purely a request for options on legal remedies on the back of a disastrous report into the amount of leaking sewage, especially around Enniskillen.

“It’s worthy of investigation into at least what we possibly can do. We must take a strong and, if necessary, legal stance to force the Minister’s hand.”

The matter went to a vote, and while similar patterns followed, the result this time came in 20-16 in favour, therefore overturning the previous decision.