Michael Collins (Cork South West, Independent) | Oireachtas source

I am happy to have the opportunity to speak on this Bill. The Bill is very important as it addresses a variety of anti-corruption measures on a national and international level. This legislation is necessary in eliminating white-collar crime.

Tonight, however, I wish to raise a case with the Minister that I have brought to his attention previously. The case goes back some time and probably needs highlighting again. It is relevant to section 7, "Corruption in relation to office, employment, position or business". The case concerns a constituent of mine in Skibbereen.

The man in question leased a mountaintop site from Coillte, a State agency, in 1990 for the purpose of developing a wireless telecommunications system for west Cork and beyond. This was one of the most valuable sites in the area for mobile telephone communication. However, the arrival of Esat, Digifone, and O2 on surrounding sites resulted in the subject of the lease ending up in the Circuit Court in July 2005, 15 years into a 25 year lease. In a number of court hearings on this issue, it was alleged that no registrar was present to swear in witnesses as is required by law under the Courts of Justice Act 1924. Despite this, my constituent's case was heard and subsequent judgments found against him. The Cork Circuit Court office has since stated a registrar was present but has been unable to provide any names or proof of claimed expenses by that registrar on the day in question. The bottom line is that this man was denied his right of appeal since there was no registrar in court to record the content of the judge's finding on the day. The end result, with no registrar present, is that all Circuit Court appearances are unconstitutional, null and void. This ongoing nightmare has destroyed this man's business ambitions and has added to deterioration of his health due to stress. It has destroyed his family and no one in the Courts Service has done anything to assist him after 20 years of presenting his case to the best of his honest ability. As my colleague, Deputy Mattie McGrath, has said, justice delayed is justice denied.

I ask the Minister if this Bill can do anything for my constituent. Will this legislation, when implemented, give the ability to have his case appealed and re-examined as a result of corrupt court proceedings? Are this man and many people like him going to see justice from the white-collar crime he has been a victim of?

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