THE owners of almost 70 per cent of the Great Blasket Island are challenging legislation providing for the acquisition of their lands for a national park.
In the High Court yesterday, Mr James O'Reilly SC for the group said that a "legal bludgeon" was being used to extinguish his clients' interests against their wills.
The action has been brought by Blascaod Mor Teo, with registered offices at Dunquin, Co Kerry, 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, a US citizen.
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 who lives at Ballymore, Ventry, Co Kerry had an interest in three plots as tenants in common with a local man.
The action is against the Minister for Arts, Culture and the Gaeltacht, and the State. It concerns the constitutionality of 1989 An Blascaod Mor National Historic Park Act.
The court was told of the establishment in 1986 of a private association, Fonduireacht An Bhlascaoid (The Blasket Island Foundation) which had the patronage of people such as Mr Patrick Moriarty, currently ESB chairman.
The 1989 legislation provided for the transfer to the foundation of the Minister's powers and functions in respect of the lands compulsorily acquired.
The plaintiffs claimed the action concerned all seven Blasket Islands, off the Dingle Peninsula. They alleged that the former Taoiseach, Mr Charles Haughey, had held himself out to be the owner of one of the islands, lnishvickillane.
Mr O'Reilly told Mr Justice Kelly his clients believed the 1989 Act singled out "strangers" in one portion of the Blaskets and in another portion made no mention at all. The feeling of his clients was that this was unjust and unfair.
A man from the US, Mr Taylor Collings, acquired properties on the island in the 1970s. Mr Peter Callery, who moved to the Dingle area in 1960, acted for Mr Collings who decided to restore properties and sought investors.
Ms Brooks, said Mr O'Reilly, would say she and her late husband acquired a half interest in Mr Collings's property in 1972.
Later Mr Collings agreed to sell his remaining interest to Mr Peter Callery and his brother, Mr James Callery, a person who had taken an interest in historical matters.
From the early 1970s, said Mr O'Reilly, attempts were made to refurbish houses on the island.
Mr Peter Callery had run a guest house there.
In 1985 there was an approach, to an Irish estate agent, Mr Michael Collins, working in the US, seeking parties interested in acquiring the lands of Blascaod Mor Teo.
A local person, Mr Michael Cinneide, who was studying in the US, approached Mr Peter Callery. The import was that perhaps it would be better if the property was not put on the market at that time and perhaps local people might make an offer.
Mr O'Reilly said the island was a unique form of community property drawn up by the Congested District Board. Twenty-five plots were established behind the Tra Ban.
No offer was made to purchase the property but legislation was piloted through the Oireachtas by the then Minister for the Gaeltacht, Mr Haughey, who had family interests in the area. The legislation introduced a compulsory acquisition procedure which did not apply to those who were either lineal descendants or ancestors.
Mr O'Reilly said Blascaod Mor Teo and its shareholders were interested in disposing of some of their interests. They were substantial landowners, having 17 of the 25 portions of commonage.
They would want to have an option of holding some of their interests and be treated the same as the natives who could not be bought out.
The State, in its defence, denied the seven islands were commonly regarded as a single unit. The Great Blasket, it is claimed, had been the only inhabited island beyond a herdshouse on lnishvickillane.
It was denied the Act provided for the unjust expropriation of the plaintiffs' lands on the Great BIasket 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, it was in the interests of the common good to establish and maintain An Blascaod Mor as a national historic park.
The hearing continues today.