Dáil Éireann Debate, Tuesday - 10 February 2009
439 Deputy Jim O’Keeffe asked the Minister for the Environment, Heritage and Local Government the cost to the taxpayer of the cases in the High Court and the Supreme Court arising out of the decision to refuse to grant a licence in relation to the Lusitania under section 3, subsection 5 of the National Monument (Amendment) Act 1987; and if he will make a statement on the matter. [4441/09]
View answer458 Deputy Jim O’Keeffe asked the Minister for the Environment, Heritage and Local Government the cost to the tax payer of the High Court and Supreme Court decisions arising out of the refusal to grant a licence in relation to the Lusitania under section 3 subsection 5 of the National Monuments (Amendment) Act 1987; and if he will make a statement on the matter. [4442/09]
View answerI propose to take Questions Nos. 439 and 458 together.
Following refusal of an application under the National Monuments (Amendment) Act 1987 for a licence to dive survey the wreck of the RMS Lusitania, the applicant sought judicial review of the Minister's decision in the High Court. In a complex judgment delivered in June 2005, the Court deemed that the refusal was ultra vires the powers of the Minister. Following legal advice, it was decided to appeal the High Court decision to the Supreme Court which held that the State’s appeal should be dismissed.
Costs of the Judicial Review and Supreme Court challenge were awarded to the licence applicant. A settlement of €343,940.05 (High Court €248,248.41; Supreme Court €95,691.64) was subsequently agreed, and paid over to the applicant in December 2008. Information on the cost of the State's legal representation in the cases is a matter for the Chief State Solicitors Office, and is not available in my Department.
