The High Court has proposed an order requiring Richmond Homes and Arkmount Construction Limited to disclose information about alleged improper payments to Electricity Supply Board (ESB) personnel connected with work at four north Dublin developments. The proposed disclosure covers the names of people who demanded or received payments, and the date and amount of each payment.
Mr Justice Dignam said the order would be limited to Streamstown Lands and Oak Park in Malahide, Mariner’s Way in Rush, and The Coast in Baldoyle. The relevant period would begin when ESB commenced work at each site and end when the companies first raised the issue with the plaintiffs. The judge said the parties should prepare a draft order and address its timing and costs at a later mention. The judgment does not record a final order having been made.
The ESB and ESB Networks DAC had sought fuller details, including the purpose, time, place and method of payments, as well as actions taken in return. The judge refused those broader requests, finding the time, place, method, consideration and actions were not shown to be necessary to start the contemplated proceedings or provide the minimum particulars required at that stage. He found that the dates and amounts were necessary in this case.
The application followed allegations raised in May 2022 by senior representatives of the defendants. A note of a meeting on 17 May recorded accounts of payments or payment demands connected with meter installation, cable pulling, underground construction and a proposed electricity-line diversion. The judge treated the meeting note as accurate; the judgment does not make findings that the alleged conduct occurred.
The judge found clear evidence of wrongdoing by people beyond four individuals whose names had already been provided. He relied on the meeting account and discovery material, including an employee’s resignation email referring to €600 for a “connection team” and €200 for a “meter install man”. He stressed that this was not a finding that any particular allegation was proved.
The court also varied an earlier undertaking governing use of material obtained in the proceedings. Under the proposed terms, the plaintiffs could use the information to initiate court proceedings concerning the alleged wrongdoing, but would need the court’s leave to use it for other purposes, including disciplinary proceedings. The judge said he would not make the disclosure order without that undertaking.