Government to appeal costs in Sinnott case

The Government has confirmed it is to appeal the decision on legal costs in the Sinnott case.

The Government has confirmed it is to appeal the decision on legal costs in the Sinnott case.

However, the Minister for Education, Dr Woods, said last night this did not mean that Ms Kathryn Sinnott would end up having to pay any costs for the case taken on behalf of herself and her son Jamie (23) who is autistic.

The court last week upheld an appeal by the State, overturning an earlier High Court decision that Mr Sinnott was entitled to primary education for as long as he could benefit from it.

The controversy was reopened yesterday when it emerged that the Chief State Solicitor's Office contacted Ms Sinnott's solicitor, Mr Ernest Cantillon, last Thursday afternoon following the judgment.

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Mr Cantillon confirmed he was told the State intended appealing the award on costs and that an "error" had been made in conceding costs in Ms Sinnott's case.

This was because the Supreme Court had treated the case by Ms Sinnott and her son as two separate cases.

In the earlier High Court judgement it was ruled that both cases be consolidated. Such a ruling meant that costs for the State would be significantly less. However, last Thursday the Supreme Court ruled the cases should be treated separately.

Last night Dr Woods said in a statement that he had consulted the Attorney General, Mr Michael McDowell, and the Government would pay the costs for both proceedings.

"If there are any extra costs arising out of the fact that there were two cases instead of one we will abide by the decision of the court in relation to costs," he said.

The Minister added that Ms Sinnott would never have had to pay any legal costs and the Government would "never seek to recover any legal costs from her or reduce them".

Last night a Government spokesman, when asked how much amalgamating the two cases would reduce costs, said it was not possible at this time to ascertain the amount.

On the Five Seven Live programme on RTE Radio 1, Dr Woods said the Government would "deliver on all the costs". The payments already made to Ms Sinnott and her son Jamie were "unequivocal", he said.

Campaigners on behalf of people with disabilities are holding a public meeting in Dublin this evening to demand that the Oireachtas be recalled to address the Sinnott judgement.