The Last Battle for Carrickmines Castle (...or is it?)

by waiting for the rapture at tara Thu Aug 19, 2004 22:02

“We have agreed to a temporary cessation of work on the basis that the constitutional issue will go to a full hearing next week.”

by eeeekkkkk Wed Aug 18, 2004 12:25

CUT/PASTE from Unison.ie today - as it requires registration:

Campaigner to challenge law that allows completion of M50

AN environmentalist is to challenge in the High Court the legality of the National Monuments (Amendment) Act, introduced only a month ago to facilitate completion of the M50 at Carrickmines Castle.

Justice Michael Peart yesterday granted Dominic Dunne leave to seek injunctions restraining motorway development works, which resumed on Monday, until the constitutionality of the new legislation is determined by the court.

He told Coleman FitzGerald, counsel for Mr Dunne, of Benburb Street, Dublin, that short notice of the campaigner's intentions could be served on the Environment Minister Martin Cullen and Dun Laoghaire Rathdown County Council.

Mr FitzGerald told the court the act would be challenged as invalid on constitutional grounds and with regard to provisions of EU law - especially in respect of environmental impact assessments.

He said that on Monday, diggers and archaeologists had started to remove walls and artefacts and unless they were restrained by a court order from demolishing or altering the medieval remains, there would be nothing left to protect.

Mr FitzGerald said the act gave the minister virtually unfettered powers to decide on issues relating to any national monument affected by the completion of the M50.

He said the legislature had delegated to Mr Cullen, a member of the executive, its powers to make laws to an extent prohibited by the Constitution.

He said the act also failed to comply with the Constitution by allowing allow Mr Cullen to give directions to demolish a national monument.

Mr FitzGerald said Dun Laoghaire Rathdown County Council, in earlier proceedings relating to Carrickmines Castle, had given an undertaking in the High Court not to carry out development work. However, the council now claimed the 2004 act superseded earlier proceedings.

by paul c Mon Aug 16, 2004 17:48

and a great example of vinnies new thumbnailing feature i had no idea what it was he had done until i saw that...

by redjade Mon Aug 16, 2004 17:21

and the good people that defended it...

indymedia: http://tinyurl.com/6rccf

by vincent Mon Aug 16, 2004 17:03

Work began on both sides of the Carrickmines Castle site at 8.30 am this morning. Road-building equipment, consisting of 35 tonne diggers, bulldozers and 50 tonne trucks began demolition of the features behind the farmhouse. The affected area which contains a mill race, kilns, moat, defensive wall and an industrial manufacturing area. A tree cutting crew began work on trees along side of the castle gate.

Across the road, archaeological works are still under way, and a team of archaeologists is busy removing the remaining section of defensive fosse. Ironically, the section of wall being removed is in the same location as where the castle wall was originally breached in the siege of 1642, leading to the partial destruction of the castle keep.

This morning a solicitors’ letter was sent to the Minister for the Environment, Dun Laoghaire-Rathdown County Council, the National Roads Authority and the Attorney General this morning, warning them that the works are illegal, since the National Monuments Act 2004 is unconstitutional. They were given until 5:00 pm to respond. We are expecting to return to the High Court int he morning and seek an interloctury injunction.

At their last Court appearance, Dun Laoghaire Rathdown gave undertakings that they would not enter the site, until all the legal procedures had been followed, and they returned to court to have the undertakings relieved. It was on this basis that Judge Kearns did not grant an injunction. Having not returned to court first, the council has breached their promise to the Court, and acted in bad faith.

The battle for Carrickmines will continue. No amount of bulldozing, demolition or excavatio will change the fact that this is a national monument, and that the current motorway path is illegal.

by redjade Mon Aug 16, 2004 16:42

{ photos by redjade } (c)

Professional Archeology, Irish Style

Eamon O'Hare, Director of Transportation of Dún Laoghaire-Rathdown County Council

The final irony - a road named for a castle that can no longer be viewed.