Another councillor has lost his seat on Workington Town Council due to an error in the swearing-in process.
Labour councillor Antony McGuckin joins three others – independent Patricia Poole, Conservative Jaqueline Kirkbride and Labour’s Ellie Wood – in losing his seat.
The four councillors were elected on May 7. An emergency full council meeting was held on May 11 but the new members signed their Declaration of Acceptance of Office after this meeting.
A spokesman for Workington Town Council said this was due to time constraints and COVID-19 restrictions.
The council initially sought advice from the Cumbria Association of Local Councils who told them the councillors could continue to serve. But the council spokesperson said: “One of our councillors was insistent the info we received from CALC was not to the letter of the law. We went to NALC (National Association of Local Councils and they gave us a very short answer which was that they need to go back to being vacant seats.”
NALC ruled that the members’ seats on the council were “unsound” because they were not able to take part in the meeting.
Opponents of the Independents, who hold the majority, claim there are political motivations behind the situation.
A statement from the Labour group on Workington Town Council alleged the reason was political – so the independents could force a vote through for a project – and ‘fix’ the vote.
It added: “As a direct result of that, all meetings since May 11 may be invalid, and we call on the council (again) to get proper legal advice.
“The town council should make a formal public apology to the elected candidates and to the electors of Workington for perverting our electoral democracy. And some resignations might be appropriate too.”
Mr McGuckin said: “I feel very distressed and concerned that the hundreds of people who voted me in as their elected councillor for St John’s ward on the town council have been grossly let down.”
The authority hopes to co-opt the elected members back onto the town council but Mr McGuckin intends to spark a by-election.
Leader of the Independents Paul Scott said that incorrect information had been given to the council at the time of Mr McGuckin’s swearing-in.
They were under the impression he had signed his acceptance prior to the first meeting and in the presence of another councillor. However it has emerged this was not the case.
Cllr Scott said: “The advice has been circulated around councillors and we cannot be responsible if they have failed to read the advice given. Councillors using emotive words like ‘fix’ is simply to sensationalise the issue.
“In real life the Labour Party have not had the numbers to influence any decisions made in council and certainly not in the meeting in question as only two – yes, two – Labour councillors were bothered to actually attend.
“It’s just another attempt to politically slander their opposition. Perhaps had they got involved in committees instead of withdrawing their councillors at the AGM the issue could have been avoided.”
