Dún Laoghaire–Rathdown County Council

2014 seats summary

Councillors by electoral area

This list reflects the order in which councillors were elected on 23 May 2014.^[1]

^†Replaced during term, see table below for details.
^‡Changed party, see table below for details.

M50 and compensation to Jackson Way Properties

An agreement was reached for Dún Laoghaire–Rathdown County Council to compensate Jackson Way Properties by €12,860,700 for the compulsory purchase in October 1998 of its freehold interest in the lands, adjoining the M50 motorway.^[2] The Council agreed to pay costs and expenses properly incurred by Jackson Way Properties in relation to preparation and submission of its claim.

The 2003 award total is broken down as follows:

• Land taken – €9,691,000
• Injurious affection – €2,296,700 and
• Disturbance – €873,000.

It had been the view of the Criminal Assets Bureau (CAB) that €4.2 million of this award represents the present value of corrupt enrichment by the property owners although this view is based on hearsay evidence given by Frank Dunlop. A company called Paisley Park Investments Ltd were registered as full owners in 1992 and the land was transferred to Jackson Way Properties in 1993, the beneficial owners of which are believed by CAB to be arcade owner James Kennedy and solicitor John Coldwell. However, in January 2014 the freezing order was lifted owing to the collapse of the associated political corruption trial involving Dún Laoghaire Rathdown County Council Cathaoirleach Tony Fox ^[3]; damages were subsequently sought against CAB by Jackson Way ^[4].

In early 2016^[5], the Office of the Information Commissioner found against the council for refusing to comply with a Freedom of Information request relating to the case, stating as follows, "I find it very difficult to accept that the Council holds no records coming within the scope of the request that cannot be released to the applicant under the FOI Act. It seems to me that the Council adopted a blanket approach to the request by claiming that the exemptions applied to all records coming within the scope of the request and did not conduct a record by record examination."

Criminal Assets Bureau investigation

The Criminal Assets Bureau (CAB) successfully obtained a High Court order on 26 July 2006 freezing land assets of 107 acres (0.43 km²) at Carrickmines, County Dublin, owned by Jackson Way Properties Ltd and preventing their sale.^[6] CAB contended that these lands had been rezoned on 16 December 1997 by Dún Laoghaire–Rathdown County Council from agricultural to industrial use after Frank Dunlop bribed and made corrupt payments to councillors to secure their support in the rezoning vote. That vote increased the value of just 17 acres (69,000 m²) of the property from €8 million to €61 million. CAB has interviewed and taken statements from Dunlop and will use him as a witness against a number of property developers; Dunlop served a jail sentence for corruption in Arbour Hill from May 2009 to July 2010^[7].

The lands in question have been the subject of investigation by the Mahon Tribunal in 2003 and 2004.

The case CAB -v- Jacksonway properties was due for hearing in the High Court Dublin in October 2010, which was vigorously defended with Jackson Way denying any wrongdoing and Mr Kennedy a tax exile currently living in Gibraltar returning to give evidence in the case. Jackson Way gave the court notice that they intend to subpoena councillors to give evidence. No Dún Laoghaire-Rathdown representative to date has been charged with any form of wrongdoing in relation to rezoning, likely because in January 2014 the freezing order was lifted owing to the collapse of a political corruption trial involving Frank Dunlop and Jacksonway's subsequent legal proceedings against CAB.