A decade fighting a multinational

A farmer's case against a chemical plant led to changes in attitudes to the environment, writes Seán MacConnell , Agriculture…

A farmer's case against a chemical plant led to changes in attitudes to the environment, writes Seán MacConnell, Agriculture Correspondent

Co Tipperary farmer John Hanrahan became a national figure more than a quarter of a century ago when he took on Merck Sharp & Dohme, accusing the company's nearby chemical plant of polluting his farm.

He was back in the news yesterday when Department of Agriculture personnel moved on to his farm at Ballycurkeen House, Ballydine, Carrick-on-Suir, to remove cattle from his lands on welfare grounds.

The Hanrahan family came to public prominence in 1978, two years after Merck Sharp & Dohme opened its new chemical plant adjoining the farm. He and his neighbours complained of breathing difficulties and he said his cattle's eyes were affected by plant emissions.

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In February 1980, Tipperary South Riding Council agreed to commission reports on the emissions from the factory and the complaints made by the Hanrahans and others.

In May 1980, An Foras Forbartha began investigating the complaints. Its report published later that year found no evidence of serious air pollution from acid vapour emissions from the factory, but recommended further monitoring.

While monitoring continued, cattle began to die on the Hanrahan farm and 200 had died by the end of 1986.

The Hanrahan family initiated legal proceedings against Merck Sharp & Dohme in January 1982, but it took three years for the case to come to court.

Meanwhile, cattle on the farm continued to die and the Hanrahans were becoming isolated among their neighbours, being excluded from meetings between council officials and residents.

In February 1985, the Hanrahan case against Merck Sharp & Dohme opened before Mr Justice Ronan Keane in the High Court. It was to become one of the longest civil cases in the history of the State at that stage.

The Hanrahans produced 30 witnesses over 21 days and the company put 30 witnesses on the stand over the following 23 days. Final submissions were made on July 4th. On August 7th, 1985, the High Court ruled against Mr Hanrahan and a month later he was ordered to pay legal cots of over £1 million.

In what he was later to call the darkest hours of his life, he was forced to sell his farm and stock to pay the legal bills. The local creamery, Avonmore, cut off his credit and the county council cut off the water supply to the farm, in a dispute over arrears.

However, Mr Hanrahan decided to appeal the High Court ruling to the Supreme Court and this hearing began in November 1987. It lasted 14 days.

The family had to wait until July 5th, 1988, before the Supreme Court ruled in its favour and against the company.

Although no settlement figure was announced, it was thought that the Hanrahans received up to £2 million in damages and legal costs.

The family's victory led to a major change in Government attitudes in the jobs-versus-environment debate and the Environmental Protection Agency was set up.