Court told of ministers' 'misrepresentation' of Ispat

The liquidator of Irish Ispat Limited, which acquired Irish Steel at Haulbowline, Co Cork, in 1996, has told the High Court that a number of Government ministers materially "misrepresented" the situation at the plant when seeking orders against him earlier this week.

The liquidator, Mr Ray Jackson of KPMG, will apply to the court today to discharge interim orders granted last Monday to the relevant ministers against him and Irish Ispat on Monday. He will also contend the orders should never have been granted.

The interim order was made by Mr Justice Kelly after he heard claims on behalf of the ministers that Mr Jackson was proposing to leave the Haulbowline site this week without making arrangements to ensure either the safe treatment or removal of radioactive materials there.

The orders restrained Mr Jackson and the company from leaving the site without making such arrangements.

The judge returned to the matter yesterday when Mr John Gleeson SC, for liquidator Mr Ray Jackson, took issue with the claims made against his client and Irish Ispat.

Counsel added that, despite claims to the contrary on behalf of the Government ministers, there was no correspondence at all expressing the "grave concerns" that the ministers allegedly had about the situation at Haulbowline.

He also noted he had received no papers on the case until Wednesday afternoon.

Mr Justice Kelly said he had granted the orders last Monday on the basis of the material put before the court on that day.

It had been represented that the situation was grave and that the liquidator was about to leave the site where there were dangers from radioactive and waste material.

It was very unsatisfactory that the papers on the case were only served on the liquidator's side on Wednesday afternoon in circumstances where a hearing was fixed for Thursday, the judge said.

The judge said he would hear Mr Jackson's application today and made directions for exchange of legal papers between the parties.

He would continue Monday's interim orders today. He also made an order joining the Radiological Protection Institute of Ireland as a notice party to the proceedings.

Counsel for the Institute had asked to be joined to the proceedings and there was no objection from the parties.

The proceedings were taken by the Ministers for the Environment and Local Government; Finance; Enterprise, Trade and Employment; Communications, Marine and Natural Resources and Defence.

At yesterday's hearing, Mr Justice Kelly clarified that Monday's injunctions were issued against Irish Ispat Limited (in liquidation) and Mr Jackson and did not apply against Ispat Mexicane SA de CV and Ispat International NV.