DUNNES STORES has brought a High Court challenge to quash a demand by the Central Statistics Office (CSO) that Dunnes provide it with statistical information on the supermarket chain’s trade.
Dunnes claims the office is acting unreasonably in its demands, under laws that allow the State to compile statistics on national trade, financial and balance of payments information.
The office denies the request is unreasonable and claims the information is essential to overall information on the economy and is also required to comply with the country’s international obligations on the provision of trade data.
The CSO had sought the information under the Statistics (Balance of Payments and Financial Accounts) Order 2003, made by the Minister of State at the Department of the Taoiseach on February 6th, 2003. Dunnes claims that order was made in excess of the powers of the Minister under the 1993 Statistics Act.
The office’s requirement that Dunnes provide quarterly returns places an onerous burden on the company because it only prepares accounts on an annual basis. Dunnes also claims that complying with the CSO demand would require the diversion of considerable accounting resources.
Opening the case yesterday, Hugh Mohan SC, for Dunnes, said the company is challenging the regulation which delegated, from a Minister of State to the CSO director general, the power to decide the timing and collection of statistical information.
Mr Mohan also said criminal proceedings brought by the CSO in the District Court against Dunnes over the company’s alleged failure to make the returns have been put on hold pending the High Court challenge.
The company could be fined up to €25,395 if convicted on indictment and up to €1,269 per day for any continuing breach, the court heard.
The hearing finished yesterday and Mr Justice Iarfhlaith O’Neill will give his decision later.