A COUNCILLOR who championed the establishment of a Rural Affairs sub-committee within Fermanagh and Omagh District Council has demanded legal advice after it emerged the agreed membership cannot proceed.

In order to retain the current make-up, the status must be downgraded to a working group – meaning Press and public will be excluded from meetings.

Last month, Sinn Fein’s Councillor Sheamus Greene welcomed the creation of the sub-committee to address concerns affecting rural communities, including disparity and discrimination.

A membership of 17 was agreed, based on existing committee representation equating to six Sinn Fein, four Ulster Unionist, two each Democratic Unionist and SDLP, and three Independents.

However, at the recent Policy and Resources Committee, Chief Executive Alison McCullagh advised the original structure wasn’t possible as “sub-committees are defined in legislation and membership cannot be by agreement ... it must be Quota Greatest Remainder”.

She continued: “This is an insignificant difference for parties, but would affect Independents and single-member parties.”

Furious

The development left Councillor Greene furious, who said: “We passed this as a Rural Affairs sub-committee. A decision shouldn’t be changed for six months, but going by this, it can be changed within weeks.

“The title of ‘sub-committee’ gives it more teeth and a bigger say in the Council.

“I don’t know where this has just come out that officers decide or come up with a reason why it shouldn’t be a sub-committee. The Council made a decision. It’s against Standing Orders and our constitution to even consider this so quickly.”

The Chief Executive explained while it was initially understood nominations to sub-committees could be by agreement, legal advice indicated Quota Greatest Remainder is the only mechanism.

Councillor Greene enquired: “Did we or did we not agree on a Rural Affairs sub-committee?”

The Chief Executive confirmed this, adding it can still proceed, with the only difference being membership allocation.

Councillor Greene pressed if an agreed decision can be changed, to which the Chief Executive responded: “If it cannot be legislatively complied with – yes.”

While appreciating this, Independent Councillor Emmet McAleer noted relegating Rural Affairs to a working group would exclude the public and Press. He queried: “How can we come to an agreement on something we’ve already agreed on?”

SDLP Councillor Mary Garrity was disappointed as “agreement was made and everyone was content”.

She added: “It’s important this group is established, and it’s a wonderful idea. Maybe the way forward is an informal working group.”

Councillor Josephine Deehan, Independent, felt it was regrettable information wasn’t available prior to making the decision.

However, “in practical terms, there’s not a huge difference between the powers and prestige of a sub-committee and a working group”.

She proposed changing the group to the Rural Affairs Working Group instead, allowing the current membership to stand.

But Councillor Greene told members: “I am very passionate about this – I don’t for one minute agree with the Chief Executive.

“I proposed a Rural Affairs sub-committee, and the Council supported that.

“Anything transpiring afterwards has nothing to do with that proposal. This has come back within weeks of the decision.”

‘Disgraceful’

“I want legal advice on the changing of Council policy. It’s disgraceful ... The sub-committee was formed.”

Supporting his party colleague, Councillor Barry McElduff felt sub-committee status should be retained, and while there are implications around membership: “Councillor Greene’s point still stands.

“We decided on a Rural Affairs sub-committee, and that’s what we’ll be sticking with as a council.”

Councillor Donal O’Cofaigh, Independent, pointed out while legalisations allows public and Press into committee and sub-community meetings, “there is no provision that they can’t attend other meetings”.

The Chair, Councillor Stephen McCann, interrupted, saying: “That conversation has been had.”

But Councillor O’Cofaigh continued: “The Press need to have access to the full workings of this council as far as possible.”

Concluding, Councillor Greene insisted the agreed position cannot be changed, and demanded legal advice as “this goes completely against our constitution and Standing Orders; I think the Chief Executive knows I’m right on this”.

It was agreed further legal advice would be taken.