THE Minister for Arts, Culture and the Gaeltacht had no express power to make regulations to compulsorily acquire 17 of 25 plots on Great Blasket Island, the High Court was told yesterday.
Mr Justice Kelly said they were dealing with a preliminary issue - did the Act confer on the Minister power to make the regulations and did he make the appropriate regulations? He reserved his judgment.
Mr James O'Reilly SC, on behalf of the owners of the 17 plots, said notices served by the State to compulsorily acquire the plots had not complied with the 1989 legislation providing for the establishment of a national park on the island.
The action by the owners of the 17 plots is adjourned until Mr Justice Kelly gives his decision on the preliminary issue.
The challenge to the constitutionality of the 1989 legislation is brought by Blascaod Mor Teo, with registered offices on the island, and the beneficial owners of the company, a Dingle solicitor, Mr Peter Callery, his brother Mr James Callery, of Cloonahee House, Elphin, Co Roscommon, and Ms Kay Brooks, the widow of a former US diplomat.
A fifth plaintiff is Mr Matthias Jauch, a German citizen and a University College Cork lecturer, of Mercier Park, Turner's Cross, Cork. Mr Jauch, with his sister, Ms Ebba Jauch, of Ballymore, Ventry, Co Kerry, had an interest in three plots as tenants in common with a local man.
The court was told that in 1986 a private association, Fonduireacht An Bhlascaoid (The Blasket Island Foundation) had been set up. The 1989 legislation provided for the transfer to the foundation of the Minister's powers and functions in respect of lands compulsorily acquired.
The State denied the Act provided for the unjust expropriation of the plaintiffs' lands or that the interests of the single largest property owner on the island had been singled out invidiously.
The State claimed that by virtue of the historic heritage, culture, traditions and values associated with the island and its people, if was in the interests of the common good to establish and maintain An Blascaod Mor as a national historic park.
Dr Michael Forde SC, for the plaintiffs, said the State accepted that the compulsory purchase acquisition of the property of Blascaod Mor Teo and its three shareholders applied to the houses, the area attached to the houses and commonage.
The compulsory acquisition of the lands of Mr Jauch and Mr Muiris Cleary, of Dingle, did not apply to the area attached to the houses or the commonage. In those circumstances, said Dr Forde, people in a like position were being treated unequally.