Batt O'Keeffe (Cork North West, Fianna Fail)

This case was very different from many others and its sensitivity was not lost on me. The girl is from Cork and I was certainly very sensitive to the whole area. I indicated early on that I, as Minister, would not pursue her in terms of taking her house from under her feet but would deal with the matter in a fair and even-handed manner.

That said, is Deputy Hayes suggesting that, when a case is taken against the State, we should not defend it but simply pay out? That is an untenable position and it is not in the interests of the taxpayer. Further, on this particular case, Louise O'Keeffe took the case against the State for her costs. We won the judgment in the High Court and she appealed it to the Supreme Court on the basis of seeking costs. We and the State Claims Agency had no choice but to challenge that in the Supreme Court, which departed from the normal judgment. Usually, if the case is won, costs are assigned against the person who lost. The court said this was a test case, that the circumstances were most unusual, and that it would take the exceptional circumstances into account. We are quite satisfied as a Department-----

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