ANY claim for damages by a veterinary surgeon who successfully challenged the Department of Agriculture's artificial insemination service could proceed by issuing a High Court summons, the Supreme Court decided yesterday.
The Chief Justice, Mr Justice Hamilton, said the court would not refer the matter back to the High Court for an assessment of any damages to which Mr Owen O'Neill claimed to be entitled. Any claim for damages could proceed by issuing a summons in the High Court.
The court also made a declaration that the regional monopoly Al system was it Itra vires (outside the powers of) the Livestock (Artificial Insemination) Act, 1947 and regulations of 1948. Costs were allowed to Mr O'Neill.
Earlier this month, the Supreme Court decided an Al field service operated by Mr O'Neill, of Ballyart House, Brittas, Co Limerick, was lawful. It also found that the Minister for Agriculture exceeded his powers by dividing the State into nine Al areas and granting only one licence for each.
Mr O'Neill had lost his High Court action but that decision was reversed by the Supreme Court.
In the Supreme Court judgment, Mr Justice Keane said he was satisfied that in adopting the exclusivity scheme, the Minister had acted ultra vires the 1947 Act.