Limerick councillor considers invoking rarely-used piece of legislation

A COUNCILLOR has indicated she will invoke a rarely-used piece of legislation to get local authority executives to act on the wishes of members.

At this month’s metropolitan district meeting, Cllr Sarah Kiely, said she would be talking to her party colleagues in Fine Gael about bringing forward what is known as a section 140 motion.

This will compel the council executive to carryout the wishes of the members.

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It is provided for under section 140 of the Local Government Act, 2001.

If passed, it would make decisions made by members compulsory for council officials to follow.

Any motions councillors currently put forward are not legally binding.

“I don't think this has happened ever. But the frustration is really palpable in this chamber this morning and for the last couple of meetings,” she said. “I do not want to be using section 140s, but we may have to. The way things are going in this local authority. I will be consulting with my group if I do not get satisfaction because we are going around in circles here. It is not good enough at all.”

She made her comments after she tabled a motion calling for the introduction of pedestrian crossings along Childers Road and Ballysimon Road.

In a written answer from engineer Hugh McGrath, she was told while improvement works are under way along Ballysimon Road, pedestrian crossings would only be considered on Childers Road.

Asked to respond to Cllr Kiely’s suggestion of a section 140, a council spokesperson said they are “committed to maintaining a collaborative and constructive relationship with all elected councillors to ensure the best outcomes for our community.”

If a section 140 request is received, they added: “Council will follow a transparent and structured process to ensure that the request is handled efficiently and in accordance with the law.”