Vol. 445 No. 9
43 Mr. Clohessy asked the Tánaiste and Minister for Foreign Affairs if he will make a statement on the subject matter of Questions 75, 76 and 77 of 30 June 1994, tabled by Deputy O'Malley; and if he has satisfied himself with the manner in which the company in question was treated by the Irish authorities in the year 1990. [1444/94]
The Minister for Agriculture, Food and Forestry replied on 30 June last to the questions to which the Deputy referred.
Following approaches by the person principally concerned, officials from the office of the Tánaiste, on my instructions, were in contact with him in an effort to address the difficulties which he faced.
However, the issues are, the subject of ongoing litigation and, pending the outcome of these proceedings, it would not be appropriate to go further into the matter.
Is the Minister aware, first, that most aspects of this matter are not the subject of ongoing litigation because the appeal to the Supreme Court is in respect of certain aspects only, to which I do not want to refer? Is he aware that the company concerned has been treated extremely badly, has suffered enormous losses and, in particular, the Department of Foreign Affairs in replying to the Article 169 proceedings taken against Ireland by the Commission arising out of this matter, made statements in the reply dated 5 March 1991 which were found in a subsequent judgment of Mr. Justice Costello in the High Court to be totally and flagrantly untrue? Will the Minister stand over that reply of his Department of 5 March 1991 to the Article 169 proceedings against Ireland when he is now aware that the defence put up by Ireland is based on statements which are untrue and to use the words of Mr. Justice Costello are totally unjustifiable and indefensible?
I am well aware of the difficulties and complexities of this case, but the view expressed by the gentlemen in question at a meeting with a senior official in my Department was that he wanted to await the outcome of the Supreme Court appeal and did not have a specific request to make of my official or me at that stage.
