This article is from page 20 of the 2014-01-14 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 20 JPG
ENNIS Town Council is facing legal bills of over € 500,000 arising from two separate High Court cases.
The local authority says it is “seriously concerned” regarding the number of High Court cases, which are falling to the council.
Following a number of High Court hearings, the council last year secured a settlement in relation to a case taken on the Ennis Casual Trading Byelaws 2011, which represented a challenge to the Casual Trading Act 1995. The case concerned the status of casual trading vis-a-vis market rights. According to the council’s 2014 budget report, the overall cost in this case amounted to € 147,000.
The council is also currently involved in a High Court case regarding the de-regulation of the taxi industry.
In his report, town manager Gerard Dollard states, “The case has been in process for a number of years and commenced in November 2013. The case has been taken against the State (Minister and Attorney General). A number of sample cases are being heard including three involving Dublin City Council and one involving Ennis Town Council.
Mr Dollard said the council has made efforts to run the case on a cost effective basis. However the case is still at hearing and Mr Dollard told the council’s annual budget meeting that the costs at this point are in excess of € 400,000. The council recently received an interim bill from Counsel for € 191,000.
Mr Dollard states, “The council has firmly put the view to both the Department of the Environment, Community and Local Government and Department of Transport, Tourism and Sport that the costs of cases involving challenges to national legislation and regulation should not fall on the local authority.”
Mr Dollard told Tuesday’s meeting the council will receive € 250,000 from the Department of the Environment towards the cost of the court cases.
Cllr Peter Considine (FF) described the bills as “crippling” and asked if the council can challenge the Department’s decision not to cover the cost of the entire legal process.
Cllr Tommy Brennan (Ind) said the decision by the Minister for the Environment to part fund the legal bills represented an admission on his part that his office was responsible for the total cost. “I would go back to the Minister and say pay for all of it,” he said.