The High Court has ruled the Minister for Justice may not refuse to disclose information about the proposed establishment of an explosives factory in Co Clare, on the ground that the information is security sensitive and therefore privileged.
Ms Justice Carroll said that if the information may affect the health and safety of local people and the Minister does not wish to disclose it, he must first get the approval of the High Court before he can withhold it.
The grant of planning permission has been overturned on appeal by An Bord Pleanála. A revised application is expected to be submitted by the company.
The judge said she did not see how the court could approve the withholding of such information without local people being given an opportunity to evaluate the necessity for such retention. Therefore, she said, the Minister must apply to the court for approval if he wishes to claim privilege.
She was delivering a reserved judgment upholding a challenge by Cairde Chill An Disirt Teo which consists of a number of Kildysart residents and Reverend Sister Kathleen Taylor, Provincial of the Salesian Sisters, who own 120 acres adjacent to the proposed factory at Cahercon, to the failure to disclose certain information about the development.
The proposed €5 million plant is being constructed by Shannon Explosives Ltd (SE Ltd) which has a registered address at Henry Street, Limerick.
Ms Justice Carroll said Sister Taylor and the residents' company were concerned with health and safety issues.
The Minister had not identified what material about health and safety issues had been withheld for security reasons.
It was not acceptable that the nuns and residents should have to face into an inquiry about the development without being able to make meaningful objections.
She granted Sister Taylor orders directing the company and Minister to make available information about the extent of the safety and environmental risks to people and property in the event of a major disaster; the extent to which, if any, lands would be required to be kept clear and the effect of public access to and from Cahercon pier. The defendants should provide evidence the company's insurers would give full liability cover.
The judge also declared the residents' company was entitled to information about the nature and extent of the development and an order prohibiting the continuation of a public inquiry into the development until the necessary information is made available with the proviso that the Minister may apply to the court to withhold any information on security grounds.
To establish an explosives factory, the company required planning permission from Clare County Council (which it got in December 2000) and a licence from the Minister. It had secured two draft licences.
The planning permission required a safety report to be provided before development took place.
That report was to outline in detail the developer's major accident prevention policy and safety management systems.
The report was submitted for security approval in August 2001 and approved after consultation with the gardaí.
Before a public meeting of May 2001, where the council advised the public could object to the development, a solicitor for the Salesian Sisters wrote to the council objecting to the factory claiming the activity was highly dangerous; that transport of explosives posed a risk; that lands in the vicinity would effectively be sterilised and that proposed distances between buildings were insufficient.