Wicklow Sinn Féin TD John Brady has launched a fierce attack on the Minister for Housing, Local Government and Heritage, James Browne, and on senior management within the Wicklow Fire Service, for their failure to provide any record of the legally required Section 26 plan under the Fire Services Act 1981 for Wicklow Fire Service.
The Fire Services Act was introduced in the aftermath of the Stardust tragedy, where 48 young people tragically lost their lives. Section 26 is one of the most important safeguards in that legislation. It obliges every fire authority to prepare a fire and emergency operations plan. This plan is not just a piece of paperwork, it sets out staffing levels, the number and location of appliances, operational arrangements, and the overall approach to fire safety within a county. It is designed to give transparency to the public, to provide protection and clarity to frontline fire fighters, and to allow elected County councillors and the wider community to feed into the decisions that affect their safety.
Equally important, the adoption of the final plan is a reserved function, meaning it is decided by the elected Councillors of the local authority. This ensures that such crucial decisions about public safety are subject to democratic oversight rather than being imposed behind closed doors.
Speaking on the issue, Deputy Brady said:
“I have been pursuing this issue since April. Incredibly, senior officials in Wicklow County Council have told me they have been ‘unable to locate a copy’ of the Section 26 plan. This is extraordinary. A legally binding plan, one of the cornerstones of fire safety in this country, and no one can even say where it is. Plans are required by law to be reviewed and revised, every five years, ensuring they remain up to date and responsive to changing needs”.
“The fact that it is not published anywhere and that nobody can tell if one exists for Wicklow and when it was last updated is extremely concerning. It denies the public the chance to engage in consultation and denies councillors one of their very few reserved functions, the right to adopt or amend the Section 26 plan. That strips away accountability, transparency, and ultimately puts lives at risk.”
Brady went on to outline the consequences of the plan not being presented to elected representatives.
“The fact that nobody can produce a copy of the last plan, say when it came before the elected members of the council or when it was updated last has resulted in key decisions being taken behind closed doors by senior fire service management without any democratic oversight. The decision to reduce Bray Fire Station from a two-pump station to a one-pump station was imposed without councillors having a say, or indeed a vote to amend the plan. That was a drastic and unacceptable action, it is undemocratic, it is unsafe, and it highlights the dangers of ignoring the Section 26 process”.
“The same applies to equipment. The hydraulic platform, which is critical for tackling high-rise fires, is stored in Wicklow Town. Yet the bulk of high-rise development and population are in Bray and Greystones, in the north of the county. If this plan had gone before councillors, I imagine it would have immediately challenged such an illogical and unsafe arrangement. This underlines why Section 26 matters; it forces senior management to justify their decisions in public and allows councillors and communities to hold them to account.”
“In the clear absence of a Section 26 plan that genuinely reflects the needs of the community, has the backing of democratically elected councillors, and is shaped through proper consultation with the public, I believe the campaign for a full-time fire service in Bray is being deliberately or otherwise hampered. If such a plan existed, rooted in the voices, and demands of the public, it would set out in black and white the case for a full-time fire service in Bray. That would elevate it from aspiration to policy, creating a binding framework and a clear, time-bound pathway — over the lifetime of a five-year plan — for the establishment of a full-time fire service. The absence of this is not just neglect, it is a denial of the community’s right to safety, accountability, and progress.”
Brady accused senior fire service management of dereliction of duty:
“The buck stops with senior management in the Wicklow Fire Service. They have a legal obligation to prepare, publish, and present this plan. Instead, we are left asking basic questions – when was the last plan prepared? Has one ever been presented as required? Where even is the plan? Their refusal to comply with the law is deeply concerning, and it raises very serious questions about negligence and accountability. This is not a technicality; it is a matter of public safety and safety of firefighters, it is also a legal requirement. By failing to do their job, senior management are exposing both the public and the men and women on the frontline to unacceptable risks. Despite numerous attempts to obtain this Plan both from senior management in Wicklow Fire Service and from the Minister himself, the absence of this would lead one to presume that this document simply does not exist. If this is the case, it is a damning indictment of both Senior Management and the Minister, and must be addressed immediately”.
The Wicklow TD also criticised the Minister for his repeated refusal to take responsibility:
“I have raised this directly with the Minister for Housing, Local Government and Heritage, James Browne through parliamentary questions, and his response has been to wash his hands of it. He claims it is not his responsibility, but that is simply untrue. The law is clear, the Minister has the power to approve Section 26 plans and to make amendments. He cannot stand by and deflect when such a serious failing is happening under his watch. Public safety is at stake, and the Minister must intervene.”
Deputy Brady concluded:
“This practice by Wicklow Fire Service management is unsafe, undemocratic, and legally indefensible. The public have been denied their legal right to consultation, councillors have been denied their right to exercise oversight, and frontline fire fighters have been left without the safeguards that this plan is meant to provide.
“I am demanding that Minister Browne and Wicklow Fire Service senior management immediately produce and publish the Section 26 plan, and that it be put through the full public consultation process without further delay. Anything less is a betrayal of the community and of the brave firefighters who risk their lives to protect us.”
