A 'SpAd spat' within Fermanagh and Omagh District Council shows no sign of abating as councillors are now seeking legal opinion on whether the threshold for a complaint is met.

Last month, the Council voted to write to the Minister for Health, Mike Nesbitt, in terms of an investigation into the conduct of his Special Advisor (SpAd), Councillor Mark Ovens (UUP).

The Minister previously indicated he had dealt with the concerns raised over Councillor Ovens remaining in a Council meeting at which legal advice was being provided around the potential to launch action against the Department of Health.

However, councillors were unhappy with this and wrote back enquiring what action had been taken against Councillor Ovens and seeking clarification on terms of the SpAd Code of Conduct.

At the most recent meeting, Chief Executive Alison McCullagh referred councillors to a response from the Minister which stated: “In light of [my] duty of confidence owed to others, and UK GDPR requirements, I am unable to provide further detail.”

He further added the SpAd Code of Conduct requires only “declarations of interest and is not prescriptive on required further action”.

The Minister concluded: “I consider the matter now concluded … If the Council still has concerns regarding Mr. Ovens’ previous behaviour, my consideration of this matter under the SpAd Code of Conduct does not preclude you considering under the relevant council policies.”

Sinn Féin’s Councillor Sheamus Greene felt the response said very little and stated: “I suspect if I was a SpAd sat in on legal advice being given to the Council, I’d be on the front page of the newspapers, but for some reason, our local media didn’t really run with it.”

He enquired if the action potentially breached the Councillor Code of Conduct, to which Ms. McCullagh advised that would be a matter for the Local Government Commissioner for Standards to determine, adding: “Our own rules and procedures apply through Standing Orders.

“One of the matters highlighted was the provision for a SpAd who also undertakes local elected political activity should not serve on the committee which deals with matters from the managing authority.

“Such nominations are party-determined, so the Council is unable to intervene.”

Councillor Greene asked if Councillor Ovens “has removed himself from the committee in question [as per recommendations], or has he ignored that?”

While setting out this is a requirement within the SpAd Code of Conduct, as opposed to the Council, Ms. McCullagh advised: “As I understand it, Councillor Ovens is still a member of the [Policy and Resources] Committee which deals with matters from his managing authority.”

In terms of declarations of interest, Ms. McCullagh said while it is up to individual members to decide if this is necessary: “Pecuniary interests should particularly be declared and they should not participate in discussions and should vacate the Chamber while these are underway.”

Councillor Stephen McCann, Sinn Féin said: “Given the information we now know, it would be beneficial if our legal advisor could provide an opinion on whether the thresholds for complaints have been met, in terms of the SpAd sitting in on legal advice relating to his department.”

It was decided to hold this discussion under Confidential Business, and the outcome of this is currently unknown.