This article is from page 17 of the 2013-11-12 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 17 JPG
A GOVERNMENT agency has been accused of intimidating Clare County Council staff in their own homes at night prior to bringing charges against the local authority.
The claim was made by county solicitor John Shaw in a report relating to two cases taken by the Environmental Protection Agency (EPA) against the local authority in the Circuit Criminal Court.
Mr Shaw said the charges arose out of an incident where it was considered necessary to continue supplying water to the town of Ennis, despite there being a problem with treating the water.
He said the problem was notified to the environmental watchdog, the EPA, as well as a proposal to rectify the issue.
“Notwithstanding the notification to the EPA, charges were subsequently brought in a manner which was to say the least, untypical of a state body.
“Council staff were approached late in the evening in their homes and intimidated into giving statements,” he said.
The county solicitor was then notified of this behaviour and arrangements made that all other statements would be made in the presence of the county solicitor.
Soon after charges were brought by the EPA under the European Communities (Drinking Water) No.2 Regulations 2007.
“The approach of the EPA in relation to this prosecution was, to say the least, high handed,” pointed out the solicitor from Michael Houlihan and Partners.
The council’s defence team mounted a defence against the case, which was adjourned three times in the circuit court.
“During the course of adjournment, the Circuit Court judge commented with regard to one public authority prosecuting another and questioned the value to the public in proceeding in this way,” explained Mr Shaw.
The DPP, and by extension the EPA, entered a “nolle prosequi” on September 24, meaning no case was to be answered.
Mr Shaw argued this should have been done much sooner or a case not brought at all as “a valid defence” would have been raised by the council.
Clare county manager Tom Coughlan was also vocal on the cost of this case, and another similar case, to the public purse.
The second case in Mr Shaw’s report referred to 20 indictable charges brought by the EPA against Clare County Council relating to the odour from Ballyduff beg Landfill site in Inagh.
Mr Coughlan explained, “Of the 20 indictable charges, 19 were ultimately struck out.
“The maximum penalty on each of these counts was € 15 million per charge.
“The council was fined € 5,000 in respect of one charge on which it pleaded guilty.
“The EPA sought costs and the council agreed to make an ex-gratis payment of € 3,700 towards the EPA’s cost.
“The council has expended considerable financial and human resources in preparing a defence against 20 indictable charges.
“Those scarce resources could have been expended on delivering and improving services for the people of the county,” said the county manager.
He added while he was satisfied with the council’s defence in relation to Ballyduff beg, he was acutely aware of the significant additional costs, which would be incurred in the event of the 20 charges going to a full hearing.
“In the circumstances, and mindful of the potential waste of public money, the council pleaded guilty to one charge in relation to Ballyduffbeg,” he said.
Mr Coughlan said he was also aware that both the EPA and the DPP must also have incurred huge costs and had agreement been reached at an early stage the cost to the taxpayer would have been significantly less.
Mr Coughlan was also critical of the EPA’s treatment of his staff while investigating the Ennis Water issue, claiming that as well as sending an investigation team to their homes at night, the agency also “commandeered an office in Áras an Contae to conduct interrogations of council staff ”.
“This had a serious impact on staff, particularly having regard to the fact that the EPA were seeking to identify individuals to possibly pursue criminal proceedings,” he said.
Concluding his report, Mr Shaw said the prosecution was particularly annoying as it was without merit and the investigations that were conducted were in a manner that was utterly unacceptable.
“Assurances have been received from the EPA to the effect that such conduct would not be repeated.”
As the report reached The Clare People late last night, the paper was unable to contact the EPA for comment at this time.