Release of RHI list a key issue of public interest, court told
PUBLISHING the names of RHI firms would ensure maximum transparency in a botched scheme that had the “seismic” impact of collapsing Northern Ireland’s power-sharing government, the High Court has heard.
A judge was told Economy Minister Simon Hamilton’s plan to reveal all businesses on the green energy initiative, set to cost the taxpayer nearly £500m, was about ensuring full accountability rather than any alleged attempt to deflect blame from his party.
More than 500 RHI non-domestic boiler operators are taking legal action in a bid to stop Mr Hamilton disclosing their details.
But counsel for the department argued yesterday that there are profound public interest issues at stake.
Tony McGleenan QC said: “We have potential exposure to the public purse of half a billion pounds if cost control mechanisms that are also under challenge by the same applicant are not put in place.
“Not only that, but the political consequences of this scheme have already been seismic.”
Stormont’s power-sharing administration had been brought down as a direct consequence of the RHI scheme, he contended, with uncertainty over what will follow next week’s snap elections.
“It’s difficult to conceive of a case that has led, not just to the collapse of a government, but the potential suspension of a devolved system of government, but that is this case,” Mr McGleenan said.
Investigations into potential wrongdoing by any dormant companies claiming benefits add to the “multi-layered” public interest, the court heard.
The RHI initiative was set up to encourage businesses to move from using fossil fuels to renewable heating systems.
But it has been engulfed in controversy and dubbed the ‘cash for ash scandal’ since it emerged that users could legitimately earn more cash the more fuel they burned.
A public inquiry into the whole process is to be chaired by retired appeal court judge Sir Patrick Coghlin.
Mr Hamilton was set to publish the names of RHI operators last month.
Members of the Renewable Heat Association of Northern Ireland secured an injunction to stop publication pending the outcome of their legal challenge to his plans.
Their lawyers contend that the move breaches privacy and data protection laws.
Counsel for the group claimed in court they were being used as a political football.
He alleged that Mr Hamilton wanted to release the list to embarrass others and divert attention from any responsibility.
Amid suggestions that DUP “cronies” benefited from the scheme, he contended the intention was to have everybody else “tarred with the same brush”.
However, Mr McGleenan insisted there was no evidence to back assertions he described as coming close to implying an improper motive.
“Both the minister and the department have had their interests directed primarily at maximising transparency within compliance with legal obligations,” he submitted.
“Far from a capricious act on the part of the minister, what one sees in this case on behalf of the minister and department is a proper discharge of their function to ensure accountability.”
Referring to remarks by Mr Hamilton during a Stormont debate, the barrister went on: “What the minister actually says is that maximum transparency will demonstrate that beneficiaries of the scheme are spread throughout society.
“He’s not suggesting in any way this would somehow distract or deflect from his responsibilities, his department’s responsibilities, or potential attacks on his party.”
Earlier, Mr Justice Deeny was told a full list of firms on the initiative has been leaked to the media.
Gerald Simpson QC, for the association, said: “I believe the department hasn’t really thought about this, but they should be doing something to protect information which has got into the public domain unlawfully by breach of a data-sharing protocol.”
Even though the current injunction only covers the department, the judge cautioned that the media could also be held liable for disclosing the list under confidentiality rules.
The case continues.