A FORMER member of the board of CIE was given leave by the High Court yesterday to challenge the Government's decision to dismiss her with effect from November 25th last.
Ms Kay Mulrooney, a schoolteacher, of Kilbeg, Maunsell's Road, Galway, who is suing the Government and the Minister for Transport, Mr Lowry, is also seeking an order reinstating her as a member of the CIE board and directing the Government to pay her arrears of salary and expenses.
She wants further orders directing an inquiry as to damages and damages for wrongful dismissal and loss of reputation.
Ms Mulrooney, who had been on the board since 1992, is seeking an order declaring that the Government, in exercising power to remove a CIE board member from office under the provisions of the Transport Act, was bound to comply with the requirements of constitutional and natural justice.
In an affidavit read by her counsel, Mr Mel Christie, she said that she was appointed to the CIE board on December 9th, 1992, for a period of five years, due to end on December 8th, 1997, with remuneration of £5,000 per year. She referred to a letter of appointment from the then Minister for Transport, Mrs Maire Geoghegan Quinn.
She had attended every board meeting during that period and at all times acted bona fide in the interests of CIE.
By letter of November 17th last, the Government invited her to resign as a board member of CIE. By letter dated November 28th last, in purported exercise of its power under section 7 (4b) of the Transport Act, 1950, the Government purported to remove her from office with effect from that date.
The only reason given in the letter of November 28th was that the Government had no confidence that the board as a whole could function in an effective manner and that it had resolved to restructure the board.
Ms Mulrooney said the formula used for her dismissal did not allow her an opportunity to be heard in relation to her dismissal. Neither was any reason given for any loss of confidence in the board as a whole. "1 say that, as a result of my dismissal, my reputation has been tarnished", she added.
She had suffered financial loss as a result of the fact that her remuneration had been discontinued since her removal from the board.
Miss Justice Laffoy gave leave to Ms Mulrooney to seek the orders by way of judicial review.
The orders are being sought on the grounds that the respondents failed to comply with the principles of natural and constitutional justice and basic fairness of procedures, and that Ms Mulrooney was not given an opportunity to be heard in advance of her dismissal. It is also claimed that the respondents failed to provide her with reasons for the alleged loss of confidence in the board of CIE.
Ms Mulrooney is also seeking to have provisions of the Transport Act declared inconsistent with the Constitution, insofar as they purport to confer on the Government power to remove a CIE board member from office without having regard to the provisions of natural and constitutional justice.
Mr Christie told the judge that, in the November 17th letter, essentially Ms Mulrooney was invited, in view of a loss of confidence which the Government claimed it had in the CIE board, to tender her resignation.
Ms Mulrooney did not resign her position. There were no grounds, or elaboration on the grounds, other than that the Government had lost confidence in the board as a whole. It exercised its powers under the Transport Act.
No wrongdoing was implied on Ms Mulrooney's part. It was stated that the Government wished to make it clear that the decision was not intended to reflect on her integrity, ability or reputation.
Mr Christle submitted that the Government's action in dismissing Ms Mulrooney from the board was in circumstances where no opportunity had been given to her to query a decision which had been taken already.
There was no attempt by the Government to put forward the grounds on which loss of confidence was based. It had also erred, given the principles of natural justice, in not affording an opportunity to Ms Mulrooney to get to the bottom of why it was that the Government felt there was a loss of confidence in the board as a whole.
Mr Christie said that no attempt was made to distinguish Ms Mulrooney from other members of the board. No ground was furnished to her for the sudden attitude and determination of the Government to remove her from her post.