Court move clears way for prison construction

WORK on the controversial new prison at Thornton Hall in north Co Dublin can proceed after a High Court challenge to the development was withdrawn yesterday.

Richard Merne, an engineer and member of a local group opposing the prison, had been seeking an injunction preventing its construction.

The full hearing of theaction was due to open yesterday before Mr Justice Thomas Smyth but, after talks between the sides,senior counsel Ian Finlay,for Mr Merne, told the judge the matter had been resolved.

Mr Merne was withdrawing the proceedings, his barrister explained, and would make a contribution, understood to be a five-figure sum, to the State’s legal costs.

Mr Merne withdrew his challenge because of a potential difficulty with his case. There was a possibility that he prematurely claimed the State had not complied with an Environmental Impact Assessment (EIA) in relation to the development.

However, Mr Merne stressed yesterday that the State would have to have a proper EIA carried out. If that was not done, he would bring a fresh case.

In his proceedings, Mr Merne, of Dunwater, Newbarn, Kilsallaghan, had challenged the procedure adopted by Justice Minister Michael McDowell in selecting the Thornton site, purchased for €29.9 million. Mr Merne claimed the site was unsuitable, with inadequate water, sewage and transport facilities.

He also claimed that a “significant discovery” of a prehistoric archaeological site in the area could be adversely affected by any work on the site.

The Department of Justice welcomed the outcome yesterday. A spokesman for Mr McDowell said the minister felt vindicated, adding: “The various stages involved in the development and construction of the prison will now proceed and the minister will continue to ensure that the project adheres to the highest standards.”

Yet residents remain vigorously opposed to the development, and the local authority, Fingal County Council, voted last month not to support the plan.

Councillors were unanimous in their decision despite being advised it would have little impact on arresting the development.

This is because Mr McDowell, as Justice Minister, has exceptional planning powers when it comes to matters of State security.

He can bypass all planning procedures and is obliged only to “have regard” to issues such as protected building or conservation areas.