‘Holy Row’ over €25m hospital intensifies

THE ‘holy row’ between a Catholic diocese and St Flannan’s College in Ennis over plans by the diocese to sell off green space at the secondary school for a €25m HSE community hospital has intensified, writes Gordon Deegan

This follows College Principal, Fr Ignatius McCormack telling Clare Co Council that the college’s Board of Management is not in favour of the 100 bed hospital being built on St Flannan’s College grounds.

In its first public statement on the matter by way of a submission to the Council on behalf of the Board of Management, Fr McCormack has stated that “the board is of course well aware of the need for a suitable site for the proposed hospital, but respectfully suggests that other suitable sites, which do not cut across existing intensive use by a large pro- portion of the youth of the area must be available.”

Fr McCormack goes on to state that “it surely cannot be the case that the provision of proper healthcare and the provision of sporting facilities for the youth of the area must be placed in conflict.” Fr McCormack said that the board of management “endorse the apprehension expressed by the planning authority that the scope of future expansion (of St Flannan's College) will be curtailed by the proposed development”. Pointing out that the playing pitches at St Flannan’s College are intensively used throughout the year, Fr McCormack stated that “the loss of a pitch is not something that can be easily absorbed without curtailing student sporting activity”.

Secretary to the Board of Management, Fr McCormack said, “A soccer pitch developed at considerable expense, and which will be lost if the development proceeds, is used on a daily basis for the playing of matches and training.”

The intervention by the College Board of Management places it at loggerheads with the Bishop of Killaloe, Fintan Monahan who confirmed last month that the diocese intends to proceed with the land sale to facilitate the hospital development despite the opposition of teaching staff at the College. In January, staff at the college released a statement outlining their opposition to the hospital plan and now their views have been supported by the Retired Teachers of St Flannan’s College lodging a group objection to the planned hospital.

In a submission to the council with the names of 27 retired teachers attached, they state that they "wholeheartedly support the present staff and board of management in their campaign to prevent the alienation of a portion of the college grounds".

Last month, Fr Albert McDonnell on behalf of the diocese’s property arm, the St Flannan’s (Killaloe) Diocesan Trust provided a letter lodged with the Council which stated that the Trust do not intend to use the planned hospital site for the future development of the school. Placing the diocese at odds with the St Flannan’s staff and board of Management, Fr McDonnell stated that “this area is on the periphery of the campus and in the event that the school requires expansion in the future, the Trust believes that there is ample space in the remaining lands for this to occur”.

A decision is due on the application next month.

However, Diamrem state that it was unable to operate its Park and Ride business on an economic basis because the Council continues to operate its own large 480 space car park at the Cliffs of Moher.

Diamrem claim that the continued use of the car-park is unauthorised and Ms Justice Butler stated that needless to say, the Council “does not agree with this characterisation of events”.

Crucially, Ms Justice Butler says, the Council contend that the provision of Park and Ride facilities was not a condition of the 2002 grant of planning permission for the visitor centre.

Ms Justice Butler said that “these disputed facts have already given rise to three sets of litigation” with Diamrem issuing its first set of proceedings in 2016.

The judge records that during the timeframe, Diamrem lodged four separate Freedom of Information (FOI) requests with the Council seeking to ascertain the profits made by the Council from its Cliffs of Moher operation.The Council refused all FOI requests on the basis that the information was commercially sensitive and/or prejudicial to the outcome of negotiations. On Diamrem’s successful review to the Office of the Information Commissioner, the Council was directed to grant access to the records.

Ms Justice Butler records, “Somewhat surprisingly, notwithstanding the decision of the Commissioner on the first review on 14 June 2018, the respondent continued to refuse subsequent requests made in July 2018, August 2018 and February 2019 on the same grounds.”

The Council launched an appeal to the High Court against the first decision of the Commissioner but withdrew that appeal before it was heard in January 2019.

As part of the three judge Court of Appeal ruling on Diarmrem’s successful appeal, Ms Justice Butler has awarded costs against the Council.

Ms Justice Butler has made an order awarding Diarmrem’s costs of the appeal to include the costs of the High Court and an order setting aside all of the other Costs Orders made by the High Court.