Pursuing costs on incinerator case is 'legal bullying'
August 2008
Statement by Dan Boyle (Spokesperson on Finance; Social and Family Affairs)

Green Party Senator Dan Boyle has described the State's intention to pursue costs against individuals who objected to the Ringaskiddy incinerator in Cork as 'legal bullying'.

Yesterday the Supreme Court rejected a bid by local residents to further adjourn two legal challenges to the hazardous waste incinerator. Residents have now learned that the State is seeking the legal costs of the case.

Commenting on the news, Senator Boyle said: "These individuals have been following an important legal principle that national cases, such as this incinerator case, can be adjourned pending a decision at the European Court of Justice. The Supreme Court has decided that the cases can be heard in parallel and those who have taken this action have accepted this verdict. To further seek a pound of flesh by asking for costs from ordinary citizens, known to be without assets and whose actions are motivated only by having the law in this area clarified, amounts to legal bullying.

"I'm presuming that this is a decision that has been made by the State's legal officer, in the form the Attorney General. However as this is an environmental action it is also being taken against the Minister and the Department of the Environment and I will be calling on the Minister to seek not to have these costs pursued. As the costs are to be assessed in October there is time and scope not to proceed on this basis. We need to learn from the lesson of the mistakes that have been made in the past. The Green Party in Government cannot be associated with the use of the legal system as a form of intimidation against those whose only motivation is the maintenance of the highest possible standards of environmental protection.

"That the Indaver Company also is seeking costs is no surprise to me and is consistent with the way that the company has dealt with the people of Cork Harbour since they first announced their proposals for their unwanted and unneeded incinerators."