Mid and East Antrim Council: No decision on possible misconduct charges

Mid and East Antrim Borough offices in Ballymena were searched in October 2021 and April 2022

Prosecutors have not yet decided whether to charge anyone over alleged misconduct in public office linked to searches at Mid and East Antrim Borough Council.

They received a file from police last September, reporting four people in connection with the allegations.

It followed searches at council offices in October 2021 and last April.

The Public Prosecution Service (PPS) said a senior public prosecutor was still considering the case.

"A decision will issue in due course after a thorough consideration of all the available evidence," said the PPS.

The investigation is also linked to suspected breaches of the Freedom of Information Act (2000).

BBC Spotlight previously reported that it is connected to alleged attempts to delete correspondence relating to the controversial decision more than two years ago to withdraw council staff operating under the post-Brexit trade arrangements known as the Northern Ireland Protocol.

What led to that decision?

The Mid and East Antrim Borough Council area includes the port of Larne.

On 1 February 2021, the council removed from duty port staff who were involved in protocol-related checks on goods arriving from Great Britain because of apparent threats from loyalist paramilitaries.

It later emerged that then-council chief executive Anne Donaghy had written to the UK Cabinet Office, which oversees the operation of the protocol, before the decision to remove staff was made.

Ms Donaghy told the UK government that graffiti had been directly targeted at council staff working on the checks.

She also said she was aware of the involvement of paramilitary groups and that she was "extremely concerned" for staff safety.

The letter was written to the government on Saturday 30 January - two days later the council accepted her advice to withdraw staff from duties.

It prompted the Department of Agriculture, Environment and Rural Affairs, under Democratic Unionist Party (DUP) Minister Edwin Poots, to withdraw inspectors performing protocol-related checks at ports in Northern Ireland while the EU also told its handful of staff to stay at home.

By the Friday of that week, however, all staff had returned to duties after the Police Service of Northern Ireland issued a written threat assessment stating it had no information to support claims of loyalist paramilitary groups threatening staff safety.

Timeline: Allegations at Mid and East Antrim Council

April 2021

A Stormont committee took evidence from then DUP mayor Peter Johnston and Ms Donaghy about the council's decision to suspend checks.

They denied the withdrawal had been a political decision and said it was in the interest of staff safety.

September 2021

The council voted to refer itself to the public services watchdog after claims representatives misled the Stormont committee.

The committee scrutinising the Department of Agriculture, Environment and Rural Affairs had, that July, released a report raising concerns over the "quality and credibility" of some of the council's evidence due to "several contradictions and inconsistencies".

October 2021

It emerged that the PSNI had carried out a search of offices at the council headquarters in Ballymena town centre.

Detectives were investigating suspected misconduct in public office and suspected offences under the Freedom of Information Act 2000.

It became known as "the raid on the Braid" after the name of the building where the council is based.

November 2021

BBC Spotlight revealed that the investigation into the council was linked to correspondence surrounding the controversial decision to withdraw staff operating the Northern Ireland Protocol.

It reported that it was understood the investigation centred on attempts by council employees to delete a trail of correspondence to DUP politicians that was being sought through Freedom of Information requests.

December 2021

Two months after the first search of council offices, Anne Donaghy faced suspension from her role as chief executive of the council amid an independent investigation into allegations of bullying and harassment.

At the time Ms Donaghy's lawyer said she denied all allegations.

She began legal action against the council on disability grounds, and discrimination on the grounds of her sex and her religious and political beliefs.

February 2022

Due to Ms Donaghy's precautionary suspension, the council sought to appoint a replacement.

Mark Parkinson was announced as the interim chief executive but quit three weeks into the job on health grounds.

Four months later, Valerie Watts - a former chief executive of the Health and Social Care Board - became the new interim chief executive.

April 2022

The PSNI carried out a follow-up search of council offices in Ballymena.

September 2022

The Public Prosecution Service received a file from the PSNI in relation to the investigation.

January 2023

It emerged that Anne Donaghy had resigned officially from her job on health grounds.

May 2023

Ms Donaghy's decision to leave her post permanently came four months before the local government elections.

Forty councillors are due to be elected to Mid and East Antrim Borough Council next week.