Lord Ballyedmond, formerly senator Edward Haughey, has brought High Court proceedings to prevent a cross-Border natural gas pipeline from being constructed across his property.
Lord Ballyedmond is seeking to overturn a decision by the Commission for Energy Regulation (CER) to acquire part of his lands at Dungooly, Co Louth, for the purpose of building a 900m stretch of the pipeline.
He had suggested the pipeline, being constructed by Bord Gáis, take an alternative route over his property. A third compromise route had also been mooted, the court heard. The stretch of pipeline is part of a proposed 156km line between Gormanston, Co Meath, and Ballyclare, Co Antrim.
Shane Murphy SC, for Lord Ballyedmond, told Mr Justice Frank Clarke yesterday that the process used to select the pipeline's path over his client's property was unfair and flawed. As a result, Lord Ballyedmond's constitutional rights had been breached, counsel said.
Mr Murphy said his side's argument was based on a report compiled by an inspector appointed to oversee a two-day hearing on the matter. That hearing, in September 2005, was designed to listen to those objecting to the pipeline, counsel said. It was attended by a number of experts. The inspector's final report had formed part of the CER's final decision concerning which route the pipeline would take, and which lands would be acquired.
During the hearing, the issue of a comparative cost analysis of the different routes was not addres- sed, Mr Murphy said. However, the issue of costs had formed a fundamental part of the inspector's report and ultimately affec- ted which route was selected.
There was "a void" in the evidence between the hearing and what was in the final report, counsel argued. Both the compromise and the alternative routes, which were over poorly drained land and would have been some 244m longer, were rejected.
In its defence, the CER, which is the independent body responsible for overseeing the liberalisation of Ireland's energy sector, said fair and proper procedures were followed.
Lord Ballyedmond (62) was appointed to the Seanad by Taoiseach Bertie Ahern and by former taoiseach Albert Reynolds.
He is now a peer in the House of Lords.