High Court challenge to report suggesting €500,000 in payments to Meath projects were irregular

A partnership set up to provide local rural, social and economic programmes in Co Meath has asked the High Court to quash findings that some €535,173 payments to various projects were irregular and the projects were ineligible for funding. The findings were contained in a report issued by the Minister for the Environment.

The proceedings have been brought by the Meath Community Rural and Social Development Partnership Ltd, set up to disperse funds for projects in the county as part of the European Union’s Rural Development Programme (the Leader programme).

The Meath Partnership, a registered charity, has brought its action against the Minister for the Environment, Community and Local Government, over a report entitled “Investigation into In House Projects at Meath Partnership.”

The report found payments totalling €535,173 made by the partnership to various projects examined by the Department of the Environment were irregular.

The report said the projects were ineligible for funding under the Leader programme. It also said the money should be recovered and the report should be distributed to various bodies.

The Meath Partnership rejects any allegations of wrongdoing and contends the report is unreasonable, irrational and should be quashed.

Moving the ex-parte application (one side only represented) for judicial review, Niamh Hyland, for the partnership, said it was investigated by the department in late 2013. An interim report was furnished in April 2014, in which allegations of irregularities were made, and the partnership made a full response to that interim report.

The partnership was given the final report in December which contained allegations and reached conclusions “of the utmost seriousness”, counsel said.

Counsel argued the report did not take account of the submissions from the Meath Partnership. The final report also added allegations and findings which the partnership was not afford any opportunity to address, she added.

No reasons were given for the findings arrived at in the final report, counsel said. The Minister had made serious findings against the partnership which could only be made by a court, it was argued.

In its proceedings, Meath Partnership wants various orders and declarations including that the report’s findings are invalid, of no legal effect, breach the principles of natural and constitutional justice and fail to include reasons. An injunction restraining the Minister publishing the report is also sought.

Mr Justice Seamus Noonan granted leave for judicial review and returned the matter to next month. He also put a stay on the publication of the report pending further order.