A DUBLIN fire officer who alleged discrimination after he failed to get the job of chief fire officer of Northern Ireland received £5,000 yesterday in an out of court settlement.

Mr Edward O'Boyle (38), from Neville Road, Rathgar, Dublin, had claimed that his Irish nationality was the reason he was not appointed to the £55,000 a year post.

But this was denied by the Department of the Environment in the High Court in Belfast yesterday after Mr O'Boyle's action was settled.

Afterwards a Department spokesman said that the decision to make an ex-gratia payment of £5,000 to Mr O'Boyle, a Dublin assistant chief fire officer, was an acknowledgment that the Department had allowed him to believe that his application would be considered even though he did not meet the experience and training requirements laid down in the regulations for the post. The spokesman added that the Department had also agreed to make a contribution towards Mr O'Boyle's legal costs.

The case first came before the court last October when Mr O'Boyle was granted leave to apply for a judicial review of the decision by the Fire Authority for Northern Ireland not to appoint him. He said in an affidavit that the appointment regulations imposed a test which was less likely to be met by non UK nationals, contrary to the European Community Treaty.

A senior Department of the Environment official said in a replying affidavit that an important aspect of the post was co operation with the security forces. "The post is a sensitive one requiring an exceptional allegiance to the State which is more readily to be expected from nationals than non nationals."

In court yesterday, Mr O'Boyle's barrister, Mr John Larkin, said the parties had reached agreement, and the application was dismissed by consent by Mr Justice Kerr.

Mr O'Boyle said later at his Dublin home he was "delighted" with the result, particularly as he understood the impugned regulation was going to be repealed.

Mr O'Boyle said the appointment regulations seemed to favour UK applicants and did not recognise qualifications or training received in any other state with the EU.

He said that while preparing the case the papers were seen by senior Dutch and Danish fire officers who indicated that if a similar application were received in their countries based on his training, qualifications and experience, he would be considered and if successful would be appointed, subject only to domestic language requirement.

Mr O'Boyle's case was supported by the Northern Ireland Law Centre and a spokeswoman said they also had indications that the regulation may be repealed or changed.