Seanad debates

Thursday, 26 March 2009

Fishing Fleet Decommissioning Scheme

 

3:00 pm

Photo of Liam TwomeyLiam Twomey (Fine Gael)

The problem is the High Court has made a decision. However, there was nobody in court from the Department to accept that decision. That is the reason I am asking the Minister of State to clarify the situation as it is the Minister who is involved. A decision was made this morning with regard to costs, but nobody turned up to represent the Minister. There is, therefore, a difficulty. It may well be that the case is completed, but will the Minister of State inform me whether that is the case? I assume the case is completed and the Minister can now speak on it as the judge has given his decision. However, on two occasions in the past fortnight nobody turned up in the High Court to represent the Minister or to defend the Government's position. The position two weeks ago was that the judge found there had been an inordinate delay in the case. Will the Minister of State give me some guidance on the issue before we discuss it at length? It is a serious case, which has been going on for years, and its outcome will have a significant effect on the person involved.

I will take direction from the Minister of State on the decision. If the Department considers the case is finished, we can continue the discussion on the case of the individual in question. However, the Minister may intend to appeal the decision to the Supreme Court. Perhaps the Minister of State will indicate whether that is the case. It is unbelievable that when the State is being sued by an individual because of something such as the State disagreeing with one of its appeal boards, the State does not turn up for proceedings. I must get direction on this matter from the Minister of State before we go any further.

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