Court bid to stop motorway work rejected

The High Court today rejected a bid to stop construction of Dublin’s M50 motorway over the ruins of Carrickmines Castle because it was unconstitutional and against EU directive.

In her 60-page judgement Ms Justice Mary Laffoy said she could not accede to either application and cleared the way for the work to continue.

Dun Laoghire Rathdown County Council said archaeological work would now continue on the South Eastern motorway site tomorrow morning.

A Dublin conservationist, Dominic Dunne, had taken a constitutional challenge against the council and the Attorney General and the Minister for Environment.

Justice Laffoy said she could not agree with any of the arguments presented by the plaintiff, Dominic Dunne, during the four-day hearing last month.

She ruled that Section 8 of the National Monuments Amendment Act was not unconstitutional and that the works did not need a new environmental impact study under EU law to go ahead.

Lawyers for Dunne said they wanted to study the judgment before deciding whether to appeal to the Supreme Court.

Counsel Colm Mac Eochaidh was granted an adjournment on costs until October 19.

Outside the court, Dun Laoghaire-Rathdown Co Council hailed the victory and said work would resume at the Carrickmines site tomorrow morning.

Senior engineer John McDaid said: “We are delighted. Everything was in our favour.”

He confirmed that delays in the South Eastern Motorway project, which was halted by court order on August 19, had cost the taxpayer up to €357,000 per week.

Mr Dunne admitted he was disappointed with the decision but insisted the action was never taken to block the M50 motorway but as a protest against the Government’s “anti-heritage legislation“.

His spokesman added: “Many of us are close to financial ruin because of these court actions. But we feel good about what we have done and we feel the Irish people will understand.”

Mr Dunne said he was now focusing his attention on plans to build a section of the M3 motorway close to the Hill of Tara in Co Meath.

The Carrickmines section of the M50, which has been delayed for up to two years by sit-in protests and legal battles, is due to finish next Summer.

Mr Dunne took the High Court challenge against the Attorney General Rory Brady, the Environment minister Martin Cullen and Dun Laoghaire Rathdown Co Council.

Justice Laffoy ruled that the amended National Monuments Act did not give the Environment minister “excessive powers” and fully upheld Article 40 of the constitution which protects the national heritage.

Her judgment said: “The directions made by the minister neither replace nor alter the approved road development.

“He (Mr Dunne) has not established how he is entitled to invoke Article 40.”

Justice Laffoy said she “would not accede” to the application that the project required a new Environmental Impact Assessment under EU Article 234.

James Connolly SC, for the Attorney General and Environment minister, thanked the judge for giving the hearing her careful consideration, especially as it was heard during a vacation sitting.

The South Eastern Motorway project is the final link of the capital’s M50 bypass which will eventually connect Bray in the south to Dublin Airport in the north.

Section 8 of the National Monuments Act 2004 allowed for the partial demolition and removal of part of the stone walls of Carrickmines Castle in order for the project to proceed.

Council officials said delays on the South Eastern Motorway have added about €20m to the final estimated cost of €596m.

Fine Gael welcomed the High Court decision tonight and said it hoped the long-running saga had now come to an end and that the motorway could finally be completed.

South Dublin TD Olivia Mitchell said: “One can only hope that the objectors will now accept that they have taken this case beyond what is either reasonable or defensible.

“In her ruling, Justice Laffoy was clearly saying that the campaigners have exhausted all their legal arguments and have lost on all counts.”