A HIGH Court application yesterday to adjourn legal proceedings challenging the controversial plan for a sewage treatment plant on Mutton Island in Galway Bay was an attempt to frustrate and delay the proposal, it was alleged on behalf of Galway Corporation.
Mr John Gallagher SC, for the corporation, claimed eight million - gallons of contaminated water were discharged into Galway Bay daily. The situation had changed dramatically and had serious implications for the area unless remedial steps were taken soon.
Mr Gallagher was opposing an application on behalf of the Save Galway Bay Group brought in the name of Mr Raymond McBride, an actor, of Fairhill Road, Claddagh, Galway.
Mr McBride was granted an adjournment of his legal proceedings brought against the corporation to the next law term. Last June, the High Court gave Mr McBride leave to seek a judicial review for an order quashing Galway Corporation's decision to invite tenders for the construction of a waste water treatment plant and causeway made on February 9th last.
A declaration being sought that the development requires an Environmental Impact Assessment to be carried out by the Minister for the Marine and that the works should not proceed until it is considered.
Yesterday, Mr Diarmuid Rossa Phelan, counsel for Mr McBride applied for an adjournment so that an application could be brought seeking discovery of documents from the Minister.
Mr Phelan, in reply to Mr Gallagher's claims, said the court was being asked to take a view of the case which did not correspond with his clients' view. His clients required discovery of documents because they believed the Minister for the Environment was not sufficiently independent in the matter and not the competent person to have certified the proposed development.
Mr Gallagher said that any documents relevant to the case would be in the corporation's possession and it was willing to make them available. Discovery was not required from anybody else. If the adjournment was allowed the matter could be postponed to next Easter or perhaps longer.
Granting the adjournment, Mr Justice Geoghegan said it appeared there was an arguable case whether there had been compliance with an EU directive as to whether the Minister for the Environment or the Minister for the Marine was the competent authority.