After an emotional and at times confusing debate the members of The Borough District of Drogheda have this evening voted to rescind the freedom of Drogheda that was conferred on Edmund Garvey, the former head of the Christian Brothers Order.
Ahead of the discussion Council Chief Executive Joan Martin told the Councillors that she had serious doubts as to whether or not it was within their powers to rescind the honour granted to Mr. Garvey in February 1997.
She had previously warned Councillors that the matter of revoking Council decisions is provided for by the Council’s standing order number 18 but there is no legal provision for the removal of a civic award as this was the first time such a situation had arisen.
“However, it is a matter for yourselves” she told the Councillors. “Whatever decision you make will stand. If the freedom is taken away I presume a note to that effect will be placed in the freedom book.”
For technical reasons that were not unclear to most people in the room the original motion as proposed by Maeve Yore at the July Meeting of the full County Council by Cllr. Maeve Yore was not voted on. It read:
That Louth County Council supports all victims of child sexual abuse and condemns the current litigation strategy chosen by the Christian Brother Order as illustrated on RTE Prime Time 7 February 2023.
Furthermore that this Council writes to the Christian Brother leadership team condemning this litigation strategy.
Furthermore that this Council calls upon our members in the Borough District of Drogheda to rescind the Freedom of Drogheda bestowed on the former leader of the Christian Brothers, Edmund Garvey.
Instead Labour Councillor Emma Cutlip proposed a new motion which was accepted by the Executive and Mayor Eileen Tully which read:
This council recognises the importance of civic leadership in both the recognition of positive contributions to the fabric of Drogheda, but also the bearing of responsibility inherent in all positions of authority and leadership.
The Council reiterates its complete opposition to the legal strategy first adopted by Edmund Garvey on behalf of the Christian Brothers Order.
In recognition of the detrimental impact this leadership choice has had on victims and survivors of clerical child sex abuse, and as a mark of symbolic restorative justice, this council hereby declares that this council will no longer acknowledge Edmund Garvey as a Freeman of Drogheda.
Councillor Kevin Callan was the first to speak on the motion saying that he was extremely disappointed in the decision of the majority of council members to issue what he said is in effect “a judgement and sanction against Brother Edmund Garvey.”
A breach of fair procedures and natural justice – Callan
“This is a decision that I do not agree with and cannot support” he said. “I have remained silent in advance of this meeting but wish to express my view at this time, this vote is in my opinion a breach of fair procedures and natural justice”.
“The person involved has not had the right of reply which is a basic right that should be given to someone before judgement is made on them. The person who is being sanctioned has not been notified by us of the vote in advance, has not been notified by us of the wording and reason for the sanction and he will suffer as a direct result.
“I agree with the sections of the advice provided by the executive branch of council that there is no express legal provision for the removal of a Civic Award and that such decision may be Ultra Vires.
“What has occurred in recent weeks is the absolute destruction of the good name of Brother Edmund Garvey in the public domain. This is a person who has never been charged or found to have committed any crime or illegal activity by a Court, Judge of Jury, despite this fact many now believe the man has committed a crime.
“As someone who has trained and worked as a lawyer, I cannot in conscience support any action by a group of politicians who have no express power in law to take this step, who have no statutory power to sanction a person, to judge that person and to treat them in this manner.
“By taking this step, by issuing this sanction the Borough District is acting as decision making body and is directly contributing to the damaging of this person and his right to his good name.”
Also against the motion was Councillor James Byrne who said that, while he stood with all victims of abuse, the Council does not have the power remove a person’s name from the roll of honour.
Similarly Councillor Declan Power said he believed in a person’s right to be taken as innocent until proven guilty and that Edmund Garvey had not been found guilty of any crime.
Councillors “taking the law into their own hands” – Tully
Mayor Eileen Tully, who was also against the motion, said that she had been inundated with complaints on this matter but if the motion was passed the Councillors would be “taking the law into their own hands” and taking away this man’s right to defend himself.
Councillor Joanna Byrne said she had given the matter a lot of thought and had also spoken with people who had strong objections to the proposed rescinding of the freedom of Edmund Garvey but she was voting in favour so that victims of Christian Brother abuse could find closure.
Councillor Paddy McQuillan agreed with Joanna Byrne saying that “This is a very emotive issue and we are not here to assassinate anyone’s character. We must vote as we see fit and then draw a line under this issue and move on.
When the matter was put to a vote the result was five votes in favour of removing the freedom of Drogheda from Brother Garvey and four against.
Voting for were Councillors Michelle Hall, Tom Cunningham, Joanna Byrne, Emma Cutlip and Paddy McQuillan.
Voting against were Councillors Kevin Callan, Declan Power James Byrne and Mayor Eileen Tully.
Labour Councillor Pio Smith was absent from the meeting.
