Tánaiste and Justice Minister to examine implications of case against Irish quarry activist after UN ‘SLAPP' warning
The issue arose in relation to an environmental activist who made a complaint of harassment against a quarry company.
Details were revealed in the Irish Independent last week and raised in the Dáil yesterday by Aontú TD Peadar Tóibín.
The quarry company last month applied for a discovery order instructing gardaí to hand over the activist's complaint for use in a defamation case against him.
Gardaí did not object and the order was granted at Trim Circuit Court but is now under appeal to the High Court. It was granted despite intervention by the United Nations special rapporteur on environmental defenders, who wrote to the Government and Chief State Solicitor's Office urging them to oppose it.
Rapporteur Michel Forst warned the order had widespread implications.
'If members of the public cannot complain to the police without fear that the alleged perpetrator will get access to their confidential police complaint, this will have a serious chilling effect on law and order in that State,' he wrote.
'It will also enable perpetrators to continue their intimidation and harassment with impunity.'
Mr Tóibín used Dáil question time to ask the Government to get involved.
'Will you demand that the Chief State Solicitor defend the justice system or at the very least would the Minister for Justice meet with the target?' he asked.
Mr Harris said he was not aware of Mr Forst's correspondence.
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'But I will make myself aware of it now that you have brought it to my attention,' he said. 'I'll ask Minister O'Callaghan to consider your comments and revert to you directly.'
The parties in the case were not named in the Dáil but they are Keegan Quarries and its principal, John Keegan, and Kieran Cummins, founder of the Eco Advocacy environmental NGO, all based in Co Meath.
Mr Cummins became known to the rapporteur's office through his work on planning breaches in relation to quarries.
Mr Forst reminded the Government and Chief State Solicitor that they, the gardaí and the courts had obligations under the Aarhus Convention on Environmental Justice to safeguard environmental defenders.
He wrote that environmental defenders must be protected against so-called SLAPP orders – Strategic Litigation Against Public Participation. Mr Tóibín said he believed the target in this case was being subjected to a SLAPP.
Along with the defamation proceedings, Keegan Quarries has initiated proceedings seeking damages for alleged trespass by Mr Cummins.
Each side denies all allegations made by the other.
Mr Tóibín said he had already raised concerns about SLAPPs with two ministers for justice.
'These litigations are designed never to be heard, threaten financial ruin and completely tie up individuals,' he said. 'The aim is to shut campaigners up.'
Mr Harris said he expected the issue of SLAPPs would be addressed in the upcoming revision of the defamation legislation.
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