Written answers
Wednesday, 12 January 2011
Department of Community, Rural and Gaeltacht Affairs
Legal Proceedings
2:30 pm
Alan Shatter (Dublin South, Fine Gael)
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Question 912: To ask the Minister for Community, Equality and Gaeltacht Affairs in respect of each of the years 2008, 2009 and 2010 if he will give details of the number of court cases initiated in each year in which he or his predecessor was named as a defendant; the number of such cases in each year initiated in the District Court, Circuit Court or High Court; the nature of the proceedings taken, for example, the number of cases in which damages were claimed; judicial review was sought of decisions made or were constitutional challenges and so on; whether in all such cases legal representation was provided by the Chief State Solicitor's office and if not, by whom; if he will detail the legal costs incurred by his Department in each of the said years in respect of any such litigation and to provide a breakdown of same including details of fees paid to solicitors and barristers; to detail the number of cases in each of the aforesaid years that were lost and in respect of which he or the State was ordered to pay the plaintiff's costs and the amount of costs so paid in each of the aforesaid years. [1632/11]
Pat Carey (Dublin North West, Fianna Fail)
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The table below sets out the position as at 31 December 2010 regarding court cases initiated during the period 2008-10, in which I or my predecessor were named as defendants. It should be noted that a number of the cases listed relate to equality functions transferred from the Department of Justice and Law Reform to my Department on 1 June 2010.
Details of case | Nature of proceedings | Court in which case was initiated | Was legal representation provided by Chief State Solicitor's Office | Legal costs incurred by Department | Outcome ofCase | If the case was lost, details of plaintiff's costs paid |
Michelle Maguire - v - Minister for Community, Equality and Gaeltacht Affairs, Ireland, Attorney General and Philip Keegan | Employment case | Circuit Court | Yes | Nil | Struck out | N/A |
Thomas McNally - v â Minister for Community, Equality and Gaeltacht Affairs, Ireland and Attorney General | Constitutional challenge to section 99 of Charities Act 2009 | High Court | Yes | Nil | Won. However, notice of appeal has been lodged. | N/A |
Executive Helicopters Maintenance Ltd - v - Minister for Social Protection, Attorney General and Connacht Tribune | Allegation of defamation | Circuit Court | Yes | Nil | Proceedings ongoing | N/A |
Executive Helicopters Maintenance Ltd - v - Minister for Community, Equality and Gaeltacht Affairs, Ireland and Attorney General | Judicial review sought of decision to award Aran Islands PSO air service | High Court | Yes | Nil | Proceedings ongoing | N/A |
Réalt na Maidne Teo - v - Department of Community, Equality and Gaeltacht Affairs | Judicial review sought of decision to award Ãrainn Mhór ferry service contract | High Court | Yes | Nil | Proceedings ongoing | N/A |
Michael Ringrose - v â People with Disabilities in Ireland Ltd, Minister for Justice, Equality and Law Reform, Ireland and Attorney General | Employment case | High Court | Yes | Nil | Proceedings ongoing | N/A |
Martin Donnellan â v - Minister for Justice, Equality and Law Reform, Commissioner of An Garda SÃochána, Ireland and Attorney General | Challenge by an Assistant Commissioner of An Garda SÃochána to mandatory retirement at age 60 years, contrary to Employment Equality Acts and/or EU anti-discrimination law | High Court | Yes | Nil | Judgement delivered in July 2008 but not yet perfected. Claim dismissed, with no order as to costs. | N/A |
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