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Mayo County Council v Rossport Solidarity Camp - Court Update.
mayo |
environment |
news report
Wednesday August 01, 2007 16:35 by Anthony O'Halloran
Castlebar Circuit Court Report, MCC v RSC before Judge Harvey Kenny - Tuesday 31st July 2007. Mayo County Council (MCC) came back before Judge Kenny on Tue 31st July, for a full hearing of their application for an order of injunction against the Rossport Solidarity Camp (RSC) to “cease the unauthorised development of lands between the foreshore and the Northern Boundary of the town land of Dooncarton/Glengad by erecting tents, buildings and other structures and ancillary facilities for camping or habitation”. On foot of an ‘ex-parte’ (without notice to the camp) application to Judge Donagh McDonagh on Fri 20th July, MCC were granted an ‘interim order of injunction’, claiming urgency that the camp was causing irreparable damage to part of the Glenamoy Bog Complex at Dooncarton/Glengad, a candidate Special Area of Conservation (cSAC). The camp dispute that any such damage is occurring and say that this cSAC is all the more protected by it’s presence, given Shell’s plans for the area, and where their unauthorised developments are allowed without planning permission, facilitated by MCC. Is this Special Area of Conservation safe and protected with or without the Rossport Solidarity Camp? Barrister Mr. Sean Deegan, representing the Rossport Solidarity Camp, made an application for a further adjournment of proceedings on the grounds that there had been insufficient time for consultations between the camp and himself to prepare a case against MCC. Barrister Mr John Kiely, representing MCC, voiced his opposition to Mr Deegan’s application, with reservation, as it appeared that terms had been agreed between both parties, should the court see fit to adjourn the matter to October. |
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Jump To Comment: 1 2 3 4 5The land in question is part of the beach at Glengad, where the public have always had a right of access. In fact, a public right of way, a track road from the main road to the beach, existed until the Pollathomish landslides washed it away in 2003, and all that exists of it now is a gorge into the land which is unaccessible. Permission is granted by local landowners to anyone who wishes to visit the area through lands adjacent to the camp.
The area of greatest concern outined in the National Parks & Wildlife Service complaint to Mayo Couny Council is the footprint of the camp itself and the consequent deprivation of sunlight to vegetation. Judge Kenny appears to be showing scant regard to the minimal facts outlined to him at this stage, when there is no evidence to suggest that the impact of a small number of persons/campers is of similar concern. In fact, it is acknowledged by the National Parks & Wildlife Service and accepted by Mayo CoCo and their legal team, that "individuals at the camp have made considerable efforts to mitigate against the negative impacts caused by their presence".
Don't get your hopes up. Judge H.K. is not exactly the most enlightened person on the bench -
"...January comments of Judge Harvey Kenny in Castlebar Circuit Criminal Court, when warning a Nigerian woman that he would like to impose a custodial sentence on her, to send a message to all the Nigerian community in Ireland who were all disobeying the law and driving around without insurance."
http://iccl.ie/DB_Data/press/JudgeNeilenRacistComments_...7.htm
http://www.mayoecho.com/this%20weeks%20edition/pdfs/MAY...9.pdf Scroll down to bottom left of page)
The grants are open to only four secondary schools. Surely it wouldn't be hard to inform the Leaving Cert students in these schools of the grants by means other than these weekly ads in the Mayo News, Western People, and Mayo Echo (and possibly also the Connaught Telegraph). One of the school principals in Belmullet loves to promote them, although he has never done this for the (far easier to obtain) local authority grants, Why are the ads necessary? So the rest of Mayo can learn of the multinational's seeming generosity. Absolutely nothing to do with encouraging application, because the only eligible students already know about them. 40,000 euro a year on grants, how much on advertising them?
Bring the judges down off their high horses - see at http://www.indymedia.ie/article/83657&comment_limit=0&c...03387