Hogan's abolition plans could be scuppered under the constitution

Phil Hogan's plans to abolish Town Councils could be derailed by the 20th amendment to the Constitution, which put local government on a constitutional footing in 2001.

That's according to Labour's Cllr Keith Martin who says that a legal challenge is a distinct possibility as town councillors across the country network to discuss moves to avert the proposed abolition of their councils.

"We are looking at all angles of both political pressure and legal action in relation to fighting the abolition of town councils.  A legal challenge based on the constitutionality of the proposal to abolition an entire layer of local government is one of the measures being discussed."

The 20th amendment enshrines local government into the constitution and ensures that the state recognises role of local government in providing a forum for the democratic representation of local communities, in exercising and performing at local level powers and functions conferred by law and in promoting by its initiatives the interests of such communities.

"We believe that this amendment created an expectation, beyond reasonable doubt, that Irish citizens would, under the constitution, have a vote every 5 years to elect members to their town councils to perform the range of functions also enshrined in the constitution.  This would mean that it would be impossible for Phil Hogan to abolish town councils without the support of a referendum."

Cllr Martin says he will be attending a Labour Party policy meeting in Galway on Monday where he will raise the issue with his party.  This follows on from a similar meeting in Munster where the regions councillors called on the party to reverse the abolitions.