Sharon Keogan: Protect Elected Representatives from Legal Risk

Leader, I would like to reference a case we heard over the weekend where an elected representative faces personal legal exposure arising from what was described as a routine constituency representation. I won't go into the specifics but I highlight it because whatever the outcome of that specific case it broadens a more structural problem that we cannot ignore. Put simply, we have a situation where institutions are protected from certain legal actions but elected individuals are not. Local authorities have insurance and legal backing. County councillors have insurance for statutory roles but not representational roles. Yet the councillor or TDA may be left personally exposed even when they believe they are acting in good faith. I do not believe that is in the public interest. The reality is that the job of a public representative is by its very nature highly blurred, confused and often opaque. Representatives deal daily with sensitive personal issues such as housing, welfare, planning, often on the basis of incomplete information and under significant time pressure. They are expected to navigate complex legal frameworks including data protection law without the benefit of legal training or consistent clarity. Without addressing this gap we face a very real danger. We risk chilling or even paralysing representatives from doing their job, from advocating, intervening and assisting constituents for fear that one mistake could result in serious personal legal and financial consequences. There is also a deeper issue. If exposure to liability becomes too great we risk politics, even local politics, becoming a rich man's game where only those with the financial means to absorb that risk are willing to serve. In cases where the consequences of a mistake can be so severe we risk something even more troubling, creating a situation where if a representative finds themselves already in breach of one rule, the incentive to fully comply going forward is weakened. Of course we must acknowledge limits. We cannot protect against everything, nor should we. There must be accountability where wrongdoing occurs, otherwise what is the point of fines or legal consequences? But just because an issue is complex does not mean we should avoid it. It means we should be willing to go in and bring clarity where confusion currently exists. What is needed is a serious and structured conversation with the Minister about solutions. That may include a dedicated insurance product available to all elected representatives or a state-backed framework to support representatives acting in good faith within their role. At present we have a patchwork system and that evidenced by the fact that even today I couldn't find a central database on how much money the state has lost in legal actions from outside bodies regarding fines, because local authorities can be fined by outside bodies. This is really important. A lot of people may not be aware of this and I think it's really important for all elected representatives. Currently if a legal case is taken against a local authority or local member, particularly a local authority, their legal fees are paid but the fines in relation to that particular case must be met by the local authority or the public body. So our system is unclear, inconsistent and exposed. That must change and we must begin that work today. So I just wanted to alert all representatives to this. It's a very serious issue and the loophole needs to be closed.