In 2006, I brought forward a motion to have terms of reference for consultants brought to the Councillors before they were issued.  As frequently happens when Councillors seek to take a role in decision-making, the Manager went to Senior Counsel to get legal advice that this motion was illegal, legal advice which I think is completely ill-founded.  The matter was brought up at the Corporate Policy Group which in December 2006 decided as follows:

"It was AGREED to identify upcoming Contract and Briefs to Consultants and list them on Area Meeting Agenda."

So this month, I asked how many had been referred to the Area Cttees. The answer: None. >>>
FINGAL COUNTY COUNCIL MEETING

11th May 2009

ITEM No.5 
 
Question: Councillor D. Healy

“To
ask the Manager on how many instances have draft terms of reference for
consultants been brought before an Area Committee or a Strategic Policy
Committee of this Council since this matter was raised in October
2006?”

Reply:

There have been no instances of
draft terms of reference for consultants been brought before an Area
Committee or a Strategic Policy Committee of Fingal County Council
since October 2006.  However, it should be noted when Counsels advice
was sought in relation to the Strategic Environment Assessment on the
Greater Dublin Strategic Drainage Study Strategy, it was sent in the
name of the Mayor on behalf of the Councillors.

This arises from discussions around the appointment of consultants in general,
a function that is solely exercised by the Manager.  The Manager is
obliged to adhere to such guidelines as are issued by the Department of
Finance on procurement of consultants services.

Terms of
reference or briefs for appointment will follow the standards laid down
for the provision of such services which to the greater extent are
highly technical performance standards and ethical insofar as conflict
of interest etc will apply.
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