The High Court will rule later this month on whether Minister for Agriculture Simon Coveney has breached undertakings given in respect of a legal action brought against the department by two of its employees.
Lawyers for two Department of Agriculture employees, Vincent Gormley and James Scott, claim the Minister is in contempt of court by breaching an undertaking not to fill two senior positions they had applied for.
In a late night sitting before Mr Justice Gerard Hogan, the men's lawyers accepted the action is not aimed at having Mr Coveney, who denies any wrongdoing, personally jailed for any alleged contempt.
Earlier this year Mr Gormley, of Brownsgrove, Tuam, Co Galway, and Mr Scott, of Glinsk, Ballymoe, Co Galway, launched a court challenge arising out out their non-appointment to the posts.
They claim that as part of those proceedings on July 30th last the Minister’s representatives gave an undertaking he would not appoint people to the inspector posts as advertised on April 12th last until their legal challenge had been determined.
Their lawyers argue that despite the Minister’s undertaking, it appeared the positions in question had been filled. As a result they have sought an order seeking Mr Coveney’s attachment and committal for alleged contempt.
Lawyers for the Minister have opposed the application and deny there was any breach of any undertaking.
Last night , following the conclusion of submissions from both parties, Mr Justice Hogan said he was reserving judgment. He said he would give his ruling on October 14th next.
Barrister Patrick O’Reilly SC, for the men, said the application was not brought with the intention of having Mr Coveney jailed.
Someone in the department should be held responsible for the breach, counsel said. Mr Coveney in his capacity as Minister is responsible for the department’s actions, counsel added. The proceedings were brought against Mr Coveney “ in the corporate sense only” and it was accepted the Minister had no personal involvement in the alleged breach.
The Minister, represented by Eugene O Regan SC, argued that "a draconian measure" such as the order sought should not be granted by the court.
The undertaking, he said, had related to an external advertisement process, while the issue before the court related to an internal advertisement process.