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Dáil

Ceisteanna—Questions. Oral Answers. - High Court Fluoridation Case Costs.

asked the Minister for Health whether any expenditure other than that already charged against Vote 18 (Law Charges) arose in his Department by reason of the unsuccessful proceedings brought in the High Court by Mrs. Gladys Ryan to have the Health (Fluoridation of Water Supplies) Act, 1960 declared to be repugnant to the Constitution; and, if such expenditure has arisen, if he will state the amount thereof.

Comment on this

The expenditure by my Department, in addition to the expenditure of £20,000 approximately charged against Vote 18 (Law Charges), in connection with the unsuccessful proceedings in the High Court, brought by Mrs. Gladys Ryan to have the Health (Fluoridation of Water Supplies) Act, 1960, declared to be repugnant to the Constitution is estimated at approximately £8,000. The learned Judge, having held that the fluoridation of public water supplies, as provided for under the Act, does not infringe any of the plaintiff's constitutional rights, dismissed the action and awarded costs covering 64 days hearings, out of a total of 66 days, against the plaintiff. Details of the expenditure incurred by my Department are being furnished to the Chief State Solicitor for inclusion in the bill of costs to be recovered in accordance with the judge's order.

Comment on this

I understand that these proceedings are appealed to the Supreme Court and are therefore technically still sub judice. Is it in accordance with our practice that the proceedings before our courts should become the subject of discussion in our House?

Comment on this
Patrick Hogan An Ceann Comhairle Labour Party

I shall endeavour to prevent anything that is sub judice from being discussed in the House.

Comment on this

Is it in order, in accordance with our procedure, that a matter which is sub judice in our courts should become the subject of discussion in our House?

Comment on this

There is no discussion here. I am merely giving the facts as to the costs of these proceedings to the State so far.

Comment on this
Patrick Hogan An Ceann Comhairle Labour Party

I have allowed this question after very careful consideration, on the ground that it does not infringe on our procedure with regard to discussion of matters that are sub judice.

Comment on this

The Minister is answering his own question.

Comment on this

Might I ask the Minister if he is aware that the State may be involved in another £20,000 from costs arising from new proceedings in the Supreme Court?

Comment on this
Patrick Hogan An Ceann Comhairle Labour Party

I cannot allow that question to be asked. The courts are open to every member of the public to take a case.

Comment on this

I merely want to emphasise——

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Patrick Hogan An Ceann Comhairle Labour Party

The Deputy will have to emphasise it in another way. I cannot allow the matter to be discussed.

Comment on this

A dirty device of a planted question to denigrate the courts.

Comment on this

I want to make this representation to the Minister——

Comment on this
Patrick Hogan An Ceann Comhairle Labour Party

The Deputy will have to make his representation elsewhere.

Comment on this

He is going to discuss it in spite of you. This is a dirty device of a question planted by the Minister for Health to denigrate the courts.

Comment on this