1
NEW FORMAT FOR MINUTES
Submission by Cllr. Michael Merrigan
In response to the many queries and concerns raised over the presentation of the Minutes of the
Council and Area Committee Meetings in a redacted or reformatted manner, I proffer the
following observations and suggestions.
1. Proposed Scheme
The rationale for the proposed scheme is set forth as follows:
The format of the Minutes was changed so that a shortened version of the Minutes with
links to pdf versions of all associated reports would be more reader friendly in that it would
be easier to see the decision on each issue; be more concise; and be easier to navigate for
both those familiar and unfamiliar with the workings of the County Council.
In addition, it was stated that the new format saved staff time in the preparation of the
Minutes by removing the requirement to integrate several pdf documents into a single pdf
document and allowing such to be attached or linked electronically to the heading of each
section, motion or question.
The Minutes, it is proposed, would then be made available via eCouncillor in both a
publicly accessible platform and in one accessible only to the Elected Members.
2. Previous Scheme
The previous scheme provided the Minutes of each of the meetings in a single document
which included the full texts of each report, motion or question and the replies thereto. This
document was prepared as a Word Document and then converted into pdf format for
circulation and uploading to the Council’s website for public access. It was also made
available via eCouncillor.
3. Legislative Framework
The legislative framework for the preparation of the Minutes of the Council or Area
Committee meetings is set forth in Schedule 10 of the Local Government Act, 2001 as
follows:
Schedule 10 – Local Government Act, 2001
14. Minutes.
14.—(1) Minutes of the proceedings of a meeting of a local authority shall be drawn up
by the meetings administrator.
(2) The minutes shall include— (a) the date, time and place of the meeting, (b) the
names of the members present at the meeting, (c) a list of the senior employees of the
local authority present at the meeting, (d) reference to any report submitted to the
members at the meeting, (e) where there is a roll call vote, the number and names of
2
members voting for and against the motion and of those abstaining, (f) particulars of all
resolutions passed at the meeting, and (g) such other matters considered appropriate.
(3) A copy of the minutes of a meeting shall be sent or given by the meetings
administrator to each member of the local authority.
(4) Minutes of a meeting shall be submitted for confirmation as an accurate record at
the next following ordinary meeting, where practicable, or where not, at the next
following meeting and recorded in the minutes of that meeting.
(5) When confirmed, with or without amendment, the minutes of a meeting shall be
signed by the person chairing the meeting they were submitted to for confirmation and
any minutes claiming to be so signed shall be received in evidence without proof.
(6) Until the contrary is proved, every meeting in respect of the proceedings of which
minutes have been confirmed shall be deemed to have been duly convened and held
and all the members at the meeting shall be deemed to be duly qualified.
(7) A copy of the minutes of a meeting when confirmed in accordance with
subparagraph (5) shall be open to inspection at the principal offices of the local
authority and any person may inspect and make a copy of, or abstract from, the minutes
during the usual office hours of the authority.
(8) A copy of the minutes shall be provided to any person applying for them on payment
of such reasonable sum, if any, being a sum not exceeding the reasonable cost of
supplying the copy, as may be fixed by the local authority.
(9) Each local authority shall make proper arrangements for the safe keeping of the
minutes of the authority.
This section has not, to my knowledge, been amended in any way by subsequent Acts of
the Oireachtas and in particular by the Local Government Reform Act, 2014, as implied by
paragraph two of the report prepared on the Proposed Scheme. Therefore, Schedule 10,
section 14, of the Local Government Act, 2001 continues in force without amendment.
4. Custom and Practice
The purpose, preparation, presentation, adoption and legal status of the Minutes of
Meetings remains unchanged by the recent “reforms” to local government in Ireland and,
indeed, the custom and practice that has evolved in this area over the past century or so has
altered little since the enactment of the Local Government (Ireland) Act, 1898.
Therefore, Minutes are considered to be prima facie evidence of the proceedings of the
Council Meetings and, as such, they are usually taken as accurate in legal proceedings until
the contrary, for whatever reason, is proved.
Given the litigious nature of Irish society and the adversarial political framework, in which,
that society conducts and executes its public business, it is essential that the Minutes of the
Council Meetings contain a full and accurate account of all business transacted at these
3
meetings. This must include, as per Schedule 10, section 14 (2) above, the text of all
Motions adopted and the full texts of Members’ Questions and the replies thereto.
It is essential that the Minutes of the Council Meetings be impartial and above suspicion
and, therefore, the procedures underpinning their preparation, presentation and publication
should be such so as to render the Minutes, once adopted by the Elected Members and duly
signed by the Cathaoirleach or Chairperson, to be preserved and published in an inalterable
form and, in accordance with Schedule 10, section 14 (7) above, be made available for
inspection by the public.
Understanding that the provision for public access to the Minutes of Council Meetings is
now generally, though not exclusively, via the Council’s website, the need for the
preparation, presentation and publication of an indisputably fixed and inalterable document
(in electronic format) is of paramount importance for the maintenance of public confidence
in the accuracy and veracity of the Minutes of Council Meetings.
Access to the Minutes of Council Meetings via the Internet should provide for the
downloading or printing of a copy of the Minutes in its totality as a single document as it
is clear that such would the public understanding of the recording of Minutes in accordance
with custom and practice.
The provision of Minutes, whereby access to integral parts thereof, is only achieved through
the provision of ‘running appendices’ in the form of attached pdf documents or even less
stable web links, fails utterly to provide the essential ingredient of an inalterable or ‘final
document’. The perception that such a system could possibly facilitate a situation, for
whatever reason, where appendices can be changed, altered or deleted in a manner that is
not possible with the standard format should be a matter of considerable concern. The latter
point could lessen the evidential quality of the Minutes of the Meetings and leave such open
to dispute whether in the Chamber or elsewhere.
Therefore, I strongly contend that the proposed scheme for the preparation, presentation
and adoption of the Minutes of Council Meetings does not meet the requirements of
Schedule 10 of the Local Government Act, 2001 and furthermore, it departs considerably
from custom and practice in the production of Minutes of Meetings as understood by the
public. The latter point is unacceptable in the conduct of public business.
5. Suggested Methodology
The proposed scheme appears to have three levels of production, Word Document, PDF
Document and HTML or Web Document. This contrasts with the previous scheme’s two
step approach of creating Word Documents and then collating such into a single PDF
Document.
Unless the staff concerned with the previous scheme have been ‘upskilled’ to complete the
process through the three steps mentioned above, the new system would appear to be more
onerous, time-consuming and labour intensive.
4
As all documents are prepared initially in Word, it is not unreasonable to suggest that each
official, having completed their own document (Report or Reply to Question or Motion)
forwards such to a designated email in Word format for collation and conversation to a
single PDF Document for circulation to the Elected Members and presentation at the
Council or Area Committee Meeting.
The collated single PDF Document as the Draft Minutes should be presented in hardcopy
to the Council or Area Committee Meeting for adoption and signature. It is this collated
document as the approved Minutes of the Meeting that should be published as a single
readable, downloadable and printable document.
The use of web links in the answers to Questions or in the Reports provided for Motions
should be kept to a minimum and always cited with the proviso that such may be amended,
altered or deleted by the web provider and that the information so provided is accurate at
the time of the presentation of the Minutes and dated accordingly.
6. Conclusion
The preparation, presentation, adoption and publication of the Minutes of the Council and
of the Area Committee (and Strategic Policy Committees) meetings is a vitally important
aspect of the work of the Council and therefore, alterations to the process by which such
are produced should not be considered lightly or in any perceived haste demanded by the
exigencies of temporary reductions in staff numbers or pressures on available resources.
As mentioned above, given the litigious nature of Irish society, it is essential that the
proposed scheme does not expose the Council to potential legal difficulties occasioned by
a possibility of its inability to ensure that the record of proceedings at the meetings, as
presented, adopted and published, is in an inalterable and unitary document duly signed by
the Cathaoirleach or Chairperson.
Given the doubts that could arise regarding the accuracy, veracity and completeness of the
Minutes of the Council or Area Committee (and Strategic Policy Committee) meetings, the
proposed scheme should not proceed pending a full investigation of the matter by the O.P.
& P. Committee and the formulation by the Group Leaders of a framework for the
consideration of this matter by the Council as a Headed Item at a future meeting.
Cllr. Michael Merrigan
April 30th 2015