Dáil Éireann debate -
Tuesday, 6 Apr 1993

Vol. 429 No. 3

Written Answers. - Government Policy.

Peter Barry

Question:

91 Mr. Barry asked the Minister for Finance if, in view of statements (details supplied) regarding the Office of Public Works, particularly following Mr. Justice Costello's High Court judgment, he will give details of the Government's policy on the Office of Public Works in order to stop the unseemly public squabbling, and the charges and counter charges that have ensued; and if he will make a statement on the matter.

Minister of State at the Department of Finance (Mr. Dempsey)

There is no confusion and no uncertainty about the position of the Office of Public Works.

The Deputy refers to the judgment of Mr. Justice Costello delivered in the High Court on 12 February 1993 which found against the Commissioners of Public Works on two issues:

1. the legal authority of the Commissioners to carry out works;

2. interpretations of the Local Government Planning and Development Act 1963 as it relates to State authorities.

The Deputy will be aware that the issue of the legal authority of the Commissioners has been resolved beyond doubt through the State Authorities (Development and Management) Act 1993, which was signed into law by the President on 18 February 1993.

With regard to the planning issue the Government decided, on the advice of the Attorney General, to appeal the finding of Mr. Justice Costello to the Supreme Court. This appeal was heard by the Supreme Court on 15 March and judgment was reserved. The appeal was heard in tandem with an appeal against the decision of Mr. Justice Lynch in the Luggala case. The Supreme Court has now requested further submissions from both parties to the appeal. These will be heard on 20 April. I do not propose to make any further comment on this matter until the Supreme Court's decision is available.