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

I appreciate the opportunity to speak to the amendment regarding local authorities and the issue which led to the amendment. I am happy to have another opportunity to speak to the Bill. I spoke on it in November of last year. It is very important and addresses a variety of anti-corruption measures on national and international levels. The legislation is necessary to aid in the elimination of white collar crime.

I wish to raise a matter that I have previously brought to the attention of the Minister. A constituent of mine from Skibbereen, County Cork, leased a mountain-top site in Dunmanway from Coillte, a State agency, in 1990 for the purpose of developing a wireless telecommunication system for west Cork and beyond. It was one of the most valuable sites in the area in terms of mobile telecommunication. However, the arrival of Esat Digifone and O2 to surrounding sites resulted in the matter ending up in the Circuit Court in July 2005, 15 years into a 25 year lease. The case is relevant to section 7 of the Bill, which deals with corruption in regard to office, employment, position or business. There were several court hearings on the matter and it is alleged that no registrar was present to swear in a witness, which is required by law under the Courts of Justice Act 1924. In spite of that, my constituent's case was heard and judgment found against him. The Cork Circuit Court office has since stated that a registrar was present but it was unable to provide any names or proof of claimed expenses by that registrar on the day in question. My constituent was denied his right to appeal because there was no registrar in court to record the content of the judge's findings on the day. As no registrar was present, the end result is that all Circuit Court appearances in the case are unconstitutional, null and void. This ongoing nightmare destroyed the man's business ambitions and family and the stress he suffered has contributed to the deterioration of his health. 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.

I wish to again ask the Minister if the Bill will provide any assistance to my constituent. When implemented, will the legislation allow him to appeal his case and have it re-examined as a result of the corrupt court proceedings? Will that man and many others like him receive justice for the white collar crime of which they have been the victim?

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