Judge critical of local authority’s response to family living at ESB substation

A High Court judge has strongly criticised a local authority's response to proceedings against a family that moved onto the site of an electricity substation because they have nowhere else to go.

The remarks were made by Mr Justice Bernard Barton after he granted the ESB an injunction directing James Moorhouse, and his family vacate the ESB's lands at Berryfield Lane, Fassaroe, Co Wicklow – that contain a 110KV substation.

In a ruling yesterday the judge said it was “unacceptable” that Wicklow Co Council, the relevant housing authority for the area which was not a party to the proceedings, had failed to properly respond after the local authority became aware of the action.

The ESB sought the order against Mr Moorhouse after he moved a vehicle, a caravan and some animals onto the site in June. The presence of the family on the site constituted a health and safety risk and were of serious concern to the ESB.

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The ESB, represented in court on Friday by Séamus Breen, said as the substation was a critical piece of infrastructure supplying that provides 25,000 homes, business and farms in the South Dublin, Bray and Greystones areas with electricity.

While the ESB wanted to deal with this matter in a compassionate and sensible manner, counsel said that the site was not an appropriate or safe environment for people or animals.

The ESB had last weeks secured a temporary order requiring the defendant to leave the site, however this had not been complied with, counsel said.

‘Desperate situation’

Representing himself, Mr Moorhouse told the court that he, his wife and their three young children had nowhere else to go. The family moved their caravan and animals on the site after they had been living on the side of a dangerous road, he said. He claimed they were well away from the inner compound on the site where the substations are located.

He said he and his wife had been in contact with the housing section of Wicklow Council regarding their situation, but said nothing had been done for them. All he wanted was a house for his three young children, who are aged 9, 7 and 2years,he added.

Granting the injunction Mr Justice Barton said he had no doubt that the Moorehouse family were “in a desperate situation,” and had nowhere else to go.

The judge said that this was an all too common a situation in Ireland today. However, there was nothing the court could do in these proceedings regarding the Moorehouses' housing situation.

He noted Mr Moorehouse had said the local council was unresponsive to his needs. After discovering the defendant on its property, the judge said the ESB made the council aware of the High Court proceedings on several occasions. The fact the council did not respond in any meaningful way to the ESB was "unacceptable" and "lamentable" particularly given the situation the Moorehouse family found itself in, the Judge said.

The ESB’s function, the judge added, is the provision of electricity and not to act as a housing association, he added.

In the circumstances the judge said he was making an order directing the family to immediately vacate the ESB’s lands. He adjourned the case and directed that it be mentioned before the court later this month.

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