Civil Defence Board transfer case settled

A High Court action arising from a dispute between the former minister for defence, Mr Michael Smith, and the former chairman…

A High Court action arising from a dispute between the former minister for defence, Mr Michael Smith, and the former chairman of the Civil Defence Board regarding the board's proposed transfer to Co Tipperary was settled yesterday.

The proceedings against the Minister for Defence were brought by Dr Michael Ryan who was sacked as chairman of the Civil Defence Board earlier this year. Mr Willie O'Dea has since replaced Mr Smith as Minister.

The dispute arose over a move to transfer the board from Dublin to Mr Smith's home town in Roscrea, Co Tipperary. It was argued by Dr Ryan that the premises chosen for the relocation were unsuitable.

The settlement involved the reading in court yesterday of a statement in which the Minister for Defence recognised Dr Ryan's "honourable and dedicated service" to the State as chairman of the Civil Defence Board and praised the manner in which he had carried out his functions. The State will pay the costs incurred by Dr Ryan in the pursuit of the action, while Dr Ryan will not proceed further with his action. No further payment is involved.

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Dr Ryan was given leave in early July to seek a number of reliefs by way of judicial review, including an order quashing the decision of the former minister to remove him from his position as a member and chairperson of the Civil Defence Board and a declaration that his position as a member and chairperson is valid and subsisting.

Settlement of the case was announced to Ms Justice Macken yesterday by Mr Frank Callanan SC, with Mr Owen Hickey, for Dr Ryan.

In a statement read in court by Mr Brian O'Moore SC, for the respondent, it was stated that the Minister for Defence wished to acknowledge that Dr Ryan gave "honourable and dedicated service" to the State as chairman of the Civil Defence Board and "conscientiously carried out his statutory responsibilities". It continued: "The Minister regrets the distress to Dr Ryan and his family caused by his removal as chairman of the Civil Defence Board and wishes to thank Dr Ryan for his personal contribution to the promotion of civil defence in Ireland, the value of which he acknowledges."

On the basis of this acknowledgment, the statement added, Dr Ryan did not propose to proceed further with his application for judicial review.