Engineer entitled to challenge a county council, court rules

An engineer is entitled to challenge a county council's practice of only using its own personnel to carry out tests on the suitability of soil for waste-water tanks in rural developments, the High Court has ruled.

Michael Duffy, from Kilfenora, Co Clare, previously brought a successful challenge effectively ending a widespread practice of councils only giving such work to consultants on a panel.

His latest case is against Laois County Council’s alleged “exclusivity” policy.

In January 2013, the High Court upheld claims by Mr Duffy that Sligo County Council’s panel of consultants system for allocating site assessment work was unlawful.

In the wake of that decision, it appears several other local authorities abandoned this same practice, Mr Justice Gerard Hogan said. The judge ruled Mr Duffy had the required legal standing to challenge what was described as Laois council's variant of the consultants panel, whereby only its own engineers would do the work.

Mr Duffy, as a chartered engineer, was qualified under law to do this work, the judge said.

In these difficult times, it was plain Mr Duffy wished to get work of this nature from the general public where he could, including the provision of site assessments in areas such as Co Laois, the judge said.