Dáil Éireann debate -
Tuesday, 5 Oct 1999

Vol. 508 No. 3

Written Answers - Legal Proceedings.

Denis Naughten

Question:

167 Mr. Naughten asked the Minister for Agriculture and Food the position regarding the legal action being taken by his Department regarding the insurance cover of beef held in a meat plant in Ballaghaderreen, County Roscommon, which was destroyed by fire in the early 1990's; and if he will make a statement on the matter. [18857/99]

Minister for Agriculture and Food (Mr. Walsh):

There are nine separate sets of proceedings at issue in relation to the Ballaghaderreen fire at present. In six of these the Minister is the defendant. In these actions the first lead insurers are seeking to obtain a declaration from the courts that they have no liability in the matter. Counter-claims have been lodged in each case.

In the other three cases, the Minister is the plaintiff. In the first of these, the second lead insurer, has responded by contesting the jurisdiction of the Irish courts asserting that the case should be heard in France. The High Court has already found in the Minister's favour but the defendants appealed to the Supreme Court. The Supreme Court hearing on this issue will be heard on 12 October.

The other two cases are being taken against the Department's insurance broker at the time of the fire. Statements of claim in each case have been issued and a response is awaited.

In consultation with the Attorney General and the Chief State Solicitor a firm of private solicitors has been appointed to pursue all cases outstanding in this matter. They have been directed to take all necessary steps to bring the cases to an early and successful conclusion.