Councillor Frank McBrearty

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Half million euro missing in Donegal, 250 euro returned

Half a million euro would be considered a miraculous life-saver by Mary, the tireless community worker struggling on behalf of cancer patients from Donegal who can barely afford the hefty cost of travel to Galway for specialised treatments.

If the hardworking managers of local community centres in the Donegal Gaeltacht received half a million euro, they could hire additional full-time Irish, and English-language, staff for several years and expand exponentially their range of services and activities in support of local people. 

If Amharclann, the Irish-language theatre in Bunbeg, received half a million euro, it could run an exciting cultural programme of dance, music, cinematic and theatrical performances for the next five years.

Not to mention how hard-pressed individual artists and musicians bereft of gigs due to Covid could use that money. Or indeed the Donegal office of Irish-language organisation, Foras na Gaeilge, whose local members help keep our native language alive here. And as for those unfortunate people whose homes and businesses have been destroyed by mica ….

But none of these groups have the luxury of half a million euro. 

Such a notion would be considered pure and utter fantasy, especially in the hard financial times in which we now live. 

Yet that is about the sum of money former Donegal Fianna Fail Senator, Brian O’Donnell, from Falcarragh in the heart of the Donegal Gaeltacht, has just wasted. ‘Snatched brutally, selfishly and greedily’ some are saying, from the public purse. Others use the term ‘stolen,’ but in this article I wish to be diplomatic.

How did he do this?

Ironically, over the Irish language.

O’Donnell was caught taking money from the public purse by duplicating travel and subsistence expenses as both board member of Irish-language economic group, Údarás na Gaeltachta, and Donegal County Council. 

The accusations – and this beggars belief – investigated by the Standards in Public Office Commission (SIPO) – was that it would have been impossible for him to have been in two different parts of the country at exactly the same time, at two different conferences. 

And there I thought teleportation – where matter is de-materialised at one place and recreated instantly at another – happened only in science-fiction movies and fantasy comics.

If that wasn’t enough, the former Fianna Fail Senator then cowardly left the scene of an accident while driving his car in a drunken state.

But that’s only the beginning of the saga.

O’Donnell, with the aid of well-paid lawyers, fought the accusations against him, not on the basis of whether they were right or wrong, true or false, but on the simple basis that the cases should be heard as Gaeilge (in Irish) not English. The fact that both languages are official languages of the Republic of Ireland didn’t matter a damn to him, nor them. Nor the eventual cost to ordinary Irish citizens, including those unfortunate people suffering from cancer.

The rest of the story is spread across years of newsprint.

After deploying numerous tactics to delay the ‘claims investigation’ many times, he then decided to do the same to the ‘leaving the scene of an accident’ investigation, not once but a total of 20 times.

As a result, the total bill to the ordinary Irishman, woman and child has been estimated at around – yes, you’ve guessed it – half a million euro, the amount the board of trustees of Amharclann, Donegal’s proud Irish-language theatre, the hardworking staff of the county’s community centres and the many severely sick people – all dream of having to help them.

In the meantime, craftily devising his delaying tactics, which eventually spanned a massive eight years, did O’Donnell quietly planned his ‘get-out-of-jail card’ – his emigration to Canada? In fact, O’Donnell being found guilty could perhaps have led to a short prison sentence and would have prevented him emigrating to Canada. And certainly would have prevented him getting a Canadian driving license.

Was his delaying tactics also related to avoidance of his share of the legal costs? For example, I’ve been trying to find out if he ever paid a legal bill placed upon him by three judges who threw out of court his claim that the SIPO was not entitled to investigate his duplicitous behaviour because, he claimed, the allegations arose from ‘an anonymous complaint by a member of the public.’ 

I’d like to know not only if Mr. O’Donnell has paid his full legal bill but how much it was. If Mr O’Donnell is reading this, please get in touch. It’s only fair to hear his side of the story. And transparency is something we all should strive for.

Mysteriously the court hearing that finally put an end to one of the most ludicrous and wasteful cases in Irish legal history, almost went under the radar earlier this month, slipped quietly and quickly onto the docket of a mundane court sitting.

How did this happen? Donegal media said simply that, “according to court papers.. O’Donnell’s case was not due to be heard until the Wednesday after during a sitting  of Falcarragh District Court.” That’s when his (O’Donnell’s) solicitor, Sean Cannon, “brought the matter up with Judge Paul Kelly …during a family law sitting of Letterkenny District Court.” And the judge conveniently and quickly moved the case forward.

‘Brought the matter matter up?’ What the hell does that mean? And does such a serious case merit being in a sitting on family law? The mind boggles.

And this Judge Paul Kelly? Who is he? Was he appointed under a previous Fianna Fail government? Does it look like it from this article? But then again, that doesn’t matter, surely. After all, the Irish legal system is separate from the political one, isn’t it?

Though, as we well know, it is not unknown in Ireland for political favours and indeed, brown envelopes, or both, to pass hands.

The result of the long-delayed case: a ridiculously low fine, in my opinion, of 250 euro for charges of drunken driving leaving the scene of an accident and providing misinformation the police. I dare you to find any court case where such a laughable decision has been made in such a serious case. 

As for the short ban from driving, does it really matter? O’Donnell is sitting pretty in another country. Did an infamous Irish ‘brown envelope’ pass hands to facilitate this convenient legal accommodation in Letterkenny? No-one knows, and unfortunately no-one will probably ever know. Is this just an example of the old adage, ‘there’s a law for the ordinary working citizen but a very different one for the elite, well-connected in Irish society?’ 

So, while O’Donnell enjoys his new life in Quebec, Irish men, women and children in his very own constituency in the heart of the Donegal Gaeltacht continue to struggle to make ends meet, people continue to suffer pain and hardship, some desperately trying to raise enough money to help them avail of specialised life-saving cancer treatments. And young, talented teachers from the Donegal Gaeltacht, and other parts of the county, are forced to go abroad, to places like Quatar in the Middle East, because there’s no money to employ them here at home.

Is this called ‘fairness’ in Ireland today? 

Among all this misconduct (there are stronger words to describe O’Donnell’s behaviour), there are two other guilty parties that should not escape blame and require stronger scrutiny by the public at large and by themselves. 

At the very least, both Údarás na Gaeltachta and Donegal Council obviously urgently require a proper Code of Practice for Good Governance. And, more importantly, to enforce it. Want to know more about the failings of Údarás na Gaeltachta, an organisation that receives tens of millions of euro from the public purse every year? Read more here. Has it cleaned up its act since then? Time will tell.

There’s little anyone can do now about the regrettable situation surrounding the O’Donnell controversy, except two things.

Firstly, as a citizen you have the right to appeal to the relevant authorities about a court decision you consider overly-lenient and unfair and to have the case reviewed. One place to start is writing to the Complaints Department of the Law Society of Ireland at complaints@lsra.iethe

Then the Judicial Conduct Committee established by The Judicial Council recently. You can write a short email to: info@judicialcouncil.ie You can ask to remain anonymous in both instances. It’s time to stand up and speak out, don’t you think?

I have already sent a complaint about Judge Paul Kelly’s decision as I consider a 250 euro fine to be utterly ridiculous and a 3-year driving ban to be insignificant, considering that Mr. O’Donnell can simply come to Ireland in the intervening years and drive with no problems using a Canadian driving license I presume he will obtain quite easily, thus posing a danger yet again to ordinary people on our roads. On both sides of the Atlantic.  

Secondly, when election time comes round, and it will come quicker than you think, consider carefully which political party and candidates you vote for. Is it not better to avoid the Brian O’Donnells of this world and choose others with a much greater sense of decency and honesty? 

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Are Fine Gael, Fianna Fail, Labour and pseudo-Independents set on destroying power-sharing in Donegal?

Early last Monday morning as most of us woke up groggily and struggled out of bed to face the week, a dramatic closed-door meeting of the Independent Grouping within Donegal Council was taking place in Lifford at which the very future of politics in the county was being decided.

Or at least that’s one interpretation: that pseudo-Independents (my sobriquet for them) backed by the Coalition Government partners of Fine Gael and Labour together with Fianna Fail were aiming for.

But the political cat might be out of the bag, so to speak.

Could it be that someone poured (or was it self-administered?) poisonous elixir into the ears of certain councillors that the life of an independent within traditionally conservative Irish political circles is a short one, so they’d better rejoin the party fold again – before it is too late? “Being in a party makes for an easier life,” may have been the song on the hymn sheet. “You’ve got the company of like-minded people. Talk up the party you formerly belonged to until we win the Dail, then we – together with you – will control Lifford as well.” If it was, perhaps instead, without knowing, they’ve been listening to the Song of the Sirens.

Donegal councillors, county council meeting

(l to r) Let’s decide on a plan of action. Councillors Frank McBrearty and Michael McBride confer discreetly at Monday morning’s meeting of Donegal County council.

Intriguing backstory

As Councillor Michael McBride told me last week, a motion by John Campbell at Monday morning’s private Independent Grouping meeting to have John O’Donnell expelled from the group supported, by Michael Cholm MacGiolla Easbuig and himself, was defeated by five other councillors, a strange situation to say the least as only last month, they had all voted to make him resign.

But that wasn’t the biggest surprise of that morning.

That came just a few minutes later, immediately Campbell and Easbuig left the Independent Grouping in protest.

“Much to my amazement, someone suddenly called for the dissolution of the entire Grouping,” recalls McBride, who chaired the meeting but said he cannot remember who made what he considered a bizarre call (strange loss of concentration as chairperson at so vital a time). “And it was agreed upon so quickly I can’t but believe they had all discussed this much earlier, in private.”

The five councillors in the Independent Group who voted against O’Donnell’s expulsion were Nicholas Crossan, Tom Conaghan, Niamh Kennedy, Ian McGarvey, and John O’Donnell himself, most former party members.

Later that same evening McBride sent me an e-mail purportedly written by Kennedy stating that, “a decision has been taken to suspend the independent grouping and that no positions would be removed from any member as an investigation is currently underway by the ethics registrar of Donegal county council.”

She added, “None of us are involved in the 25/30 councillors referred to by Cllr.  O Donnell (on the RTE programme). This decision has been taken in the interest of the people of Donegal and in order to accommodate the smooth running of the business of Donegal county council following this past two months of turmoil.” But one is still left wondering why the Grouping was suddenly dissolved? Could it be, as McBride said, that they were fed up working with the fiery Frank McBrearty, who first proposed O’Donnell’s expulsion. Or with the intellectually able Campbell and passionate Easbuig? Or is something more sinister going down?

Franc McBrearty, Donegal councillors

Loosening his tie. But then again, Councillor McBride wasn’t wearing one, was he, at the council meeting? Just a bout of nervousness then? Or indecision?

Asked about his feelings on the dissolution of the Independent Grouping, McBride said, “I didn’t want that. It’s good for the council to have the four-group all-inclusive set-up that it has. To my understanding, that kind of power-sharing is unique in the whole country, something Donegal should be proud of.”

I asked McBride several questions

“Would you like O’Donnell – your former business partner in Dúncrua Teoranta, which was granted 120,000 euro from Udaras na Gaeltachta – expelled from all council committees.”

“I would have no problem with him being removed from all committees.”

“Why then did you abstain in the full council vote on the matter this Monday?”

“Because of the way I was treated fairly when I was co-opted on to the council for former Senator Jimmy Harte’s seat.”

“So, you would have been okay with a council decision to expel him, but not for you to vote on it?”

“Yes, it would have been democracy in action.”

Conversation ends.

Shakespeare: Is there something rotten in the state of …. Donegal?

Why would the trio of Fianna Fail, Fine Gael and Labour want the Independent Grouping at Donegal County Council dissolved? Here is a possible answer.

We’ll have a national elections very soon – we’ll know this week just when – and if the situation demands it, these three parties, regardless of what they say now, will try to ‘intermingle’ to form the next Government. But according to latest polls, their Donegal TD candidates desperately need all the help they can get even to shuffle lamely past the finish line – thus the pseudo-Independents. Fifteen years ago, the electoral breakdown was Fianna Fail a massive 70 per cent, Fine Gael 30 per cent, Sinn Fein 0.2 per cent and the rest Independents and Pseudos. Within the last five to six years, the Donegal political pendulum has swung dramatically and is now around 25 per cent Fianna Fail, Fine Gael 18 per cent, Sinn Fein a mighty 40 per cent, and rising, and the rest Independents and Pseudos.

And, let’s be quite clear about this: the main reason some pseudo-Independents are ‘Independents’ is that either their parties didn’t choose them to run last time out or that they’d never have won if they’d gone under that party’s ticket, especially if they’d gone under the Fianna Fail banner. In politics, however, such slights and inconveniences are often forgotten in the greedy grab for the prize piñata.

Concillor O'Donnell, Donegal politics

(r to l) Fianna Fail Donegal County Council chairperson, Ciaran Brogan, prepares for the meeting with council chief executive, Seamus Neely.

What happened behind closed doors Monday morning one week ago after Campbell and Easbuig stood on principle and left could be a classic political quid pro quo situation. ‘Talk up the party in the nationals in a few weeks time and you can run under our ticket for a council spot next time round, and, believe me, you’ll feel more secure for doing so,” could have been the way it was put.

Then again, my hunch might just be the workings of an over-active imagination. The truth might be that the Independent Grouping is a motley group, a raggle-taggle band with perhaps their hearts in the right places, but no cohesion. And so inexperienced and pulled apart by differences that they don’t even realize what their full potential could be if they created unity from diversity and voted for the right things.

This, however, is the perfect time – with national elections six weeks away – to find out which of the above-mentioned theories is the right one. True colors will begin to seep through. Threads will start to unravel.

If something more sinister is afoot, perpetrators of the cloak-and-dagger plotting have sadly overlooked one vital element – common decency. The overriding public mood is one of disillusionment, bordering on despair. If the three main political parties have indeed won the pseudo-Independents over – backed by business elites with much to gain by keeping O’Donnell on the council and on the ever-important ‘Roads’ committee which oversees tens of millions of euro in construction projects – trouble lies ahead. Keep in mind, the council’s annual budget is 133 million, 127 fixed and 6 to 7 discretionary. Construction of the Dungloe-Glenties road is in five-stages, the second, for example, cost around four million euro and the tender for the next stage is end of this month.

The ‘plotters’ may, however, have made the fatal mistake of ignoring the simple, unadorned hopes of ordinary folk, throughout Donegal and throughout the country, hopes for a sliver of common decency among politicians after all the putrid corruption they’ve been forced to roll in over the last five years or so.

Donegal people demonstrating, Donegal county council

Protestors inside the County Chamber voice their sentiments about Councillor John O’Donnell, corruption and cronyism within and outside Donegal County Council.

Another key question is now being asked in the corridors of power in Lifford: not if, but how many, high-level executives within Donegal Council – many of which were employed both within the county and imported from outside the county, with generous salaries and pensions under the previous, long-running Fianna Fail government – are involved in this purge of True Independents and the break-up of power-sharing? After all, they have to reward their paymasters.

What a shame if such a deceitful game is being played, in this of all years – the centennial anniversary of our national independence.

But in a very short time, you, dear Reader, will have the chance to put things right – by availing of your unalienable right to walk behind a curtain and put your ‘X’ exactly where you want it to be.

Perhaps, this blog will help you choose well. I certainly hope so. It’s a rare chance to truly show that we are indeed ‘different up here.’

As for Councillor O’Donnell….

Epitome of nonchalance

I was quite astounded watching the councillor last Monday morning nonchalantly reading that morning’s edition of the ‘Donegal News’ as the political maelstrom swirled all around him in the council chamber. Either this young man has nerves of steel, I thought, or he is so utterly sure of what will happen that there is absolutely no need for him to be concerned in any way, about anything or anyone. Wish I could wake up feeling that way, as I’m sure do thousands of unemployed, elderly, sick, disabled and struggling mothers trying desperately to feed their children on paltry, insufficient income coming into homes across this county, across the country.

John O'Donnell, Sinn Fein Donegal

Nonchalance or absolute certainty? John O’Donnell displays his lack of concern about the possibility he might be expelled from Donegal County Council on Monday morning. That very evening, he released a press statement thanking his fellow councillors for supporting him.

During a short adjournment, I approached O’Donnell and introduced myself as Gaeilge, thinking – as he had attracted so much Údarás funding – he would be fluent. Perhaps it was due to my poor pronunciation or stumbling vocal ways, but he didn’t seem to understand, so I changed my questioning to as Bearla.

“Can you speak? I’ve a few questions I’d like to ask.”

“I’ve been told by my legal advisers not to say anything,” he responded. “They’ve told me to let the ethics investigation takes it course. I’ve nothing to answer for anyway. People are just out to get me and use me as a platform for their own political gains.”

“What would you say to your fellow councilors here if they ask you any questions about your various business interests and debts owed through them?”

“I’d say, ‘That’s none of anyone’s business. It’s my private affair, mine only.”

“What about the 120,000 euro granted to your company, Dúncrua Teoranta, by Údarás na Gaeltachta just before it went bust, can you explain that?

“My legal advisers have told me to say nothing and that’s what I’m going to do.”

“Will you pay the money back?

“No comment.”

Then he went back to reading his newspaper.

O’Donnell, a long-time family member of Fianna Fail, also declined to comment on the court case he faces this Wednesday, Feb. 3 for failing to pay 33,000 euro in compensation to a Creeslough woman whose foot he drove over in a car accident. If O’Donnell does not show up for that case, District Court Judge Paul Kelly has said he will have him arrested.

Next week’s court case should be just as entertaining as the county council meeting last  week – with potentially very serious consequences for all concerned. If, having said he has no money, he pays up, you have to ask yourself: where did the spondulix come from? If his solicitor delays the proceedings, you’ve got to ask yourself: why? Could it be waiting for the results of the upcoming elections? If, however, he is convicted, I am ainformed O’Donnell automatically loses his council seat. There’s a lot at stake.

Go along if you can. It should be as good as an episode of ‘Judge Judy,’ hopefully better – unless some shadowy person(s) gets to the judge before then.

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Protestors angry at Donegal County Council’s ‘dog’s dinner’ response to corruption and cronyism

As protestors from across Donegal vented their feelings inside Lifford’s County Council offices yesterday about corruption and cronyism in Ireland – the specific one lighting the fuse relating to controversial Donegal Councillor John O’Donnell – archaic rules, procedural confusion and tribalism prevented members expelling the Kilmacrennan-Fianna Fail linked man from all committees and the full council.

Anachronistic rules meant a counter proposal for what could well be a very long and drawn out ethics investigation by council executives superseded an initial proposal to expel O’Donnell immediately.

At times, the meeting, which was hosted by chairperson, Fianna Fail’s Ciaran Brogan, with the assistance of council executive Liam Ward and Seamus Neely, council chief executive, took on a farcical nature, with some describing it as a ‘dogs-dinner.’ During a discussion in which some councillors were attempting to expel O’Donnell – one of the most controversial decisions the council has faced in its entire history – confusion reigned, some members being unsure which proposal they were actually being asked to vote on. This caused Sinn Fein councillor, Marie Therese Gallagher, to ask the chair for immediate clarification.

Saying O’Donnell’s alleged ‘cash for favors’ actions caught last month on RTE national Irish TV camera were ‘disgraceful’, former Mayor Frank McBrearty (Independent) proposed removing O’Donnell from all committees, a motion seconded by fellow independent John Campbell.

“Due to the serious allegations against Councillor O’Donnell, we have the power to stand together and take action against him,” McBrearty said. “The public demands transparency and responsibility. There is a need to highlight corruption wherever it shows itself. As all politics is local, what we do here affects the nation so we have the chance to give a clear signal to the people of this county that we will not tolerate unethical behavior. The mushroom is getting bigger for Irish society. We must stop the rot now.”

However, a second, counter motion, by former Fianna Fail member, now long-time Independent councillor, Ian McGarvey, requested an ethics investigation be continued by council staff was also forwarded. Afterwards, during a conversation with me, McGarvey said he did not know how long such a process could take.

Confusion also reigned as Ward and Neely said legal advisers had told them O’Donnell could not be expelled from the council or its committees, but when asked for the legal documents proving this the two officials did not produce them. Neither did they bring into the chamber the legal adviser responsible for the advice when asked to do so by McBrearty.

According to Ward’s own instructions, there is “no specific provision within Local Government Legislation to provide for the removal of a member from committees to which he/she was appointed.” He added, “the position being taken is that the Motion as proposed (by McBrearty) is not permissable and, as a consequence, any resolution passed on foot of it would have no legal effect. The current process under the ethical framework should be allowed to continue until conclusion when the matter may come back before the members in one form or another.”

Some local government procedural analysts deem “illogical,” the situation whereby Chamber rules meant councillors were asked by Brogan to vote on the counter motion ahead of the original one put forward by McBrearty. That counter motion was ultimately accepted by 20 of the 36 councillors present, the votes representing Fine Gael, Fianna Fail, Labor and several Independents, mostly former members of Fianna Fail. All Sinn Fein members supported McBrearty’s motion. Independent Councillor Dessie Shiels was absent, having refused on principle to be in the same room as O’Donnell. Councillors McBride and Brogan abstained. Campbell and fellow Independent Councillor Michael Cholm Mac Giolla Easbuig promptly walked out of the meeting in protest saying, “this council has let down the people of Donegal and should be deeply ashamed.”

Added Councillor Gallagher, “I feel debased by O’Donnell and the opinions of some people about what he has done. He has brought disgrace to this chamber. My view is that as he was voted on to committees by council members, they have the right to vote him off them. It is a shame Frank McBrearty’s motion did not pass. This council had the opportunity to expel him and did not take it and now we have to wait until March to discuss it again.”

Protestors, men and women both inside and outside the chamber, said they were “disgusted by the council’s behaviour” adding, “our elected officials have failed to take proper action to stem an ugly, pervasive growing tide of corruption and cronyism sweeping across both this county and this country detrimentally affecting families, the elderly and children.”

Full story with photos and extended quotes coming up later today.