Tara campaigner appealing to Supreme Court today

meath | environment | news report

Thursday April 20, 2006 01:47

by admin - TaraWatch

Vincent Salafia, who lost the recent High Court case against the M3

Notice will be officially given by Mr Salafia to the Minister for the Environment, Heritage and Local Government; Meath County Council; the Attorney General and the National Roads Authority, who were all parties to the case.

Photo by redjade

The challenge by Mr Salafia to the proposed route of the M3 motorway near the Hill of Tara was dismissed on all grounds by the High Court in March. Mr Justice Thomas Smyth ruled Mr Salafia was not entitled to succeed in any of his claims because of an unjustified two-year delay
in bringing them. He considered all the arguments made by Mr Salafia, including claims that certain provisions of the National Monuments (Amendment) Act 2004 were unconstitutional, and rejected all of those.

The judge ruled the legislature is entitled to regulate land and road developments in the interests of the common good, even where that involves interference with property rights and national monuments.

The Act had introduced changes in relation to how national monument protections were controlled, the legislature was entitled to choose to give qualified protection to national monuments and the court could not strike down section 14 of the Act, as sought by Mr Salafia, simply because a different or better balance could have been struck, he said.

Mr Salafia had asked the court to make a declaration that the greater Tara landscape - the Hill of Tara/Skryne Valley - is a national monument or a complex or series of national monuments within the
meaning of the National Monuments Act, but the judge declined to do so. Mr Justice Smyth said there were differences between Mr Salafia and between Mr Salafia's experts as to what constituted the core Tara area.

In those circumstances and in the absence of any representation in the proceedings for people in the Tara area who would be directly affected by such a declaration, it was not permissible for the court to make any such declaration.

Among other key findings of Mr Justice Smyth was that even if the Supreme Court upheld arguments in its forthcoming judgment on the Carrickmines Castle case that Section 8 of the National Monuments
Amendment Act was unconstitutional, he was satisfied that protections for national monuments, which he held were built in to Section 14 of the same Act, were "constitutionally sound".

Meanwhile, TaraWatch, a group supporting Mr Salafia's case, says it will continue to lobby the Government to halt work in the Tara Skryne Valley on all archaeological sites. While TaraWatch maintains that all monuments in the valley are part of the national monument of Tara, by
association, two newly discovered monuments at Collierstown and Baronstown are discrete national monuments in their own right, and should be protected.

The NRA archaeologist, Mary Deevy, points out that these sites have not been fully excavated yet, and were included in the report furnished to Minister Dick Roche prior to his decision on excavations
along the route. They are known about since 2004.

Preliminary topsoil testing and removal was carried out on the sites which are possible prehistoric or early medieval. The Baronstown site is a large ditched enclosure complex which was a possible ritual
enclosure or settlement complex, while the Collierstown site, a single pit with an intact pot, was a burial site.

http://www.unison.ie/meath_chronicle/index.php3?ca=34&i...13933

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Comments (5 of 5)

Target SIAC and Cintra

by joe - none

Thu Apr 20, 2006 03:08

Why not start a campaign to highlight the companies that are involved in this Eurolink Consortium, that is the 'preferred bidder' and is likely to get the contract?

SIAC Construction can be found at: http://www.siac.ie/

Cintra (Concesiones de Infraestrucutras de Transporte SA)
- a Spanish road construction company.
http://www.cintra.es/
http://www.hoovers.com/cintra/--ID__140800--/freeuk-co-...xhtml

======================================================================

NRA PPP Roads Programme - M3 Clonee-Kells - Notice Regarding Tendering
Outcome
http://www.nra.ie/News/NewsAnnouncements/htmltext,2086,....html

The National Roads Authority, having carefully considered the proposals received from the four shortlisted Tenderers, has identified the EuroLink Consortium, comprising Cintra SA, SIAC Construction Ltd, as the Tenderer with the most economically advantageous Tender.

The Authority will now proceed with discussions with EuroLink with a view to appointing it as the Provisional Preferred Tenderer. If such discussions prove successful and EuroLink are appointed Provisional Preferred Tender, that will potentially lead to an award of the Contract for the Project. However, if such discussions terminate, the Authority has the right to revert to Best And Final Offer stage. The timeline for progressing the tener award of this contract is dependant on the outcome of a High Court Challenge to the archaeological directions issued by the Minister for the Environment, Heritage and Local Government.

======================================================================

M3 Clonee - Kells - NRA PRoject Tracker Report

http://www.nra.ie/PublicPrivatePartnership/ProjectTrack...ells/

Description

This is one of the projects announced by the NRA in June 2000 under Tranche II of the PPP Roads programme. This project lies on the Monaghan to Dublin route and will involve the construction of a 50 km stretch of motorway/dual carriageway, and 11 km of single carriageway. The scheme also involves construction of a further 24 km of link road and the widening/realignment of other roads.

Tenders were received in February 2005 and following their evaluation the NRA announced on the 13th July that the EuroLink Consortium (SIAC Construction Ltd and Cintra - Concesiones de Infraestrucutras de Transporte SA) had been identified as the Tenderer with the most economically advantageous Tenders. The Authority has entered into discussions with the EuroLink Consortium with a view to appointing it as the provisional Preferred Tenderer. The Minister for the Environment, Heritage and Local Government issued directions in relation to archaeology requirements along the route on 11th May, 2005.

On 4th July 2005 the High Court granted an application for leave to bring proceedings challenging the directions issued by the Minister for the Environment, Heritage and Local Government. These proceedings were heard before Mr Justice Smyth in January 2006. The High Court's ruling,
given on 1st March 2006, was that the plaintiff's judicial challenge was refused. The implications of this ruling, which was favourable to the Authority's position, is being considered by the Authority and its
legal advisers.
http://www.nra.ie/PublicPrivatePartnership/ProjectTrack...ells/

Cintra (Concesiones de Infraestrucutras de Transporte SA)

Links to newspaper articles covering Supreme Court Appeal

Thu Apr 20, 2006 18:40

Irish Independent: Motorway challenge heads for Supreme Court
http://groups.yahoo.com/group/hilloftara/message/663

Irish Times: Tara motorway route appeal
http://groups.yahoo.com/group/hilloftara/message/664

Meath Chronicle: Tara campaigner appealing to Supreme Court today
http://groups.yahoo.com/group/hilloftara/message/658

Irish Examiner: Tara is a suitable case for active citizenship
http://groups.yahoo.com/group/hilloftara/message/659

Sign the petition! : http://www.hilloftara.info

An Bua Romhainn

by Duine

Fri Apr 21, 2006 17:12

Go n-éirí le fear an achomhairc sa chás tabhachtach seo

Nil an Bua Romhainn

by JW

Sat Apr 22, 2006 14:30

when, when, when will you learn that this can NEVER be won through the courts.

There are many courts

by mick

Sun Apr 23, 2006 02:07

It is possible, but not likely to win in the legal courts. But it is one avenue that has to be pursued, as it feeds the court of public opinion, through free release of information through the media. It also feeds letters to papers and politicians, becauase the public are aware of the issue. Finally, it creates an opportunity for demonstration. With an election coming up, and the road a long way from being even begun, there is an opportunity for other activities to take place. But they all (should) feed eachother. What would you suggest doing?

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Tara campaigner appealing to Supreme Court today

Comments (5 of 5)