A judge was highly critical of the local authorities for wasting nearly €36,000 of public money in just two cases in his courtroom this week (February 24 ).
In the first case, an application by Athlone Town Council for the re-possession of a house, the council allowed the defendant to submit another judicial review of the case to the High Court in return for accepting the warrant for possession. Judge John Neilan estimated this would cost the taxpayer another €20,000.
“Does Athlone Town Council have any respect for the taxpayer? What’s happening here is what I predicted months ago. It’s absolutely outrageous, whoever the county manager is,” said the judge.
“This hasn’t advanced the case of Westmeath County Council one iota...it’s an appalling indictment on statutory bodies and they thinking they have entitlement to taxpayers’ money...you should wait for the Supreme Court decision instead of raising one judicial review after another.”
The case in question was over the re-possession of the house of Christina Quinn (30 ) in Brawney Square, Athlone, for ongoing anti-social behaviour.
The High Court recently ruled a Section 62 eviction order under the Housing Act is incompatible with the EU Declaration on human rights, that it is contrary to the human rights of an EU citizen for a statutory authority to arbitrarily deprive said citizen of housing.
This is being appealed to the Supreme Court at the moment, with a large number of similar orders around the country awaiting this decision, and Judge Neilan felt any further judicial reviews were moot until the Supreme Court ruling. He refused to grant the council’s warrant for possession.
In the second case of the day to raise the judge’s dander, the Environmental Protection Agency (EPA ) sued Westmeath County Council for a number of licence breaches over methane leaks at its Ballydonagh landfill facility last year which could be smelt up to three kilometres away.
After the council pleaded guilty and gave evidence as to the remedial action to be installed, Judge Neilan fined it €3,000 on each of the three sample breaches, as well as awarding €3,500 to the EPA for costs and a further €3,250 for legal fees - a total of €15,750.
“This is another example of democracy in action,” said the judge, with no little tone.
“The EPA is a statutory body set up by law and funded by the taxpayer and Westmeath County Council is also a statutory body set up by the executive.
“Does the county manager or the county secretary put their hand in their pocket? The answer is no.
“You take money from the left-hand pocket and put it in another one. What does this all mean? Absolutely nothing. Will anybody lose a job? No. Anybody chastised? No.
“It’s a great game of fun and games with one statutory body suing another. At the end of the day, will Joe Citizen benefit? The answer is no. I don’t hear an apology from the county manager or his officers.
“It’s only moving taxpayer money round in circles to the detriment of the people in this district court area.”
