New court challenge on Tara

Wednesday August 29, 2007 22:28

by M. Ni Bhrolchain - Campaign to Save Tara

Launched by Campaign to Save Tara

CST launched a new court challenge today in the EU offices - the litigant is Michael Canney, former spokesman for the Campaign.
Here follows a press release, a statement from Michael and a statement of support from our primary poet: Seamus Heaney.
I'm hoping that there will photographs to follow.
Laoise Kelly opened the event with some wonderful Harp Music -
Mary Lou McDonald also came along and spoke

CAMPAIGN TO SAVE TARA - PRESS RELEASE

FRESH LEGAL CHALLENGE TO M3 ANNOUNCED

The Campaign to Save Tara today announced details of a legal challenge to the
proposed M3 Motorway through the Tara/Skryne Valley in Co. Meath. The Campaign
claims that this case is being taken in the public interest and only after all
other democratic avenues have been exhausted.

In a message of support read out at today’s launch, Seamus Heaney said, “It
could be said that the Campaign to Save Tara is putting its case in ‘the name
of dead generations’: for the past two millennia those generationS regarded Tara
as a place invested with sacred as opposed to secular value. Protest against the
loss of this value remains an imperative.”

At the launch of the legal challenge today were prominent archaeologists Joseph Fenwick and Professor George Eogan, MEP Kathy Sinnott, celebrated author
Morgan Llywelen, as well as members of the Campaign’s legal team. Among the
groups represented were An Taisce and the Meath Archaeological and Historical
Society.

The named plaintiff is Michael Canney, a prominent member and former
spokesperson of the Campaign. Among the named defendants are the Minister for
the Environment, the Minister for Transport, the National Roads Authority and
Eurolink Ltd., The consortium awarded the construction and tolling contract.

The action, by means of a plenary summons which was served on the named
defendants last week (see details attached), is seeking a ruling that
construction should be halted on the M3 pending the outcome of a case at present
before the European Court of Justice relating to the Lismullen National
Monument.

A number of other claims are made including a ruling that the Minister for the
Environment has failed in his duty to protect Irish National Heritage as
required under Article five of the Constitution. Additionally there are a
number of claims relating to the procedures adopted in relation to
Environmental Impact Assessments.

////////////////////////////////////////////////////////////////////////////////////////////////////////
Here is Michael Canney's statement read out at the launch today
Statement by Michael Canney, plaintiff, Save Tara/M3 Legal Case
29th August 2007

It has never been my ambition to put my name forward in a legal challenge, especially a challenge against such a seemingly impregnable array of powerful political and economic forces. I have done so only as a last resort, and only because it is absolutely essential that the silent majority who oppose this road are given a final chance to have their concerns heard before the courts. While the political and commercial backers of this enterprise have seen fit to ignore public opinion up to now – they cannot so easily dismiss the judiciary.

The debate which has raged unevenly between heritage and economics since the Wood Quay protests of the eighties have finally reached its’ nadir at Tara, a low-point that even the most pessimistic among us could not have anticipated. The Tara landscape – the cradle of our civilization, an icon of our nationhood, the mythical heart of our country is to be defaced in the name of private profit and political expediency.

The damage already wrought on the landscape cannot be undone; and the destruction of individual sites over the last six months are individual and collective acts of vandalism. However, the integrity of the landscape as a whole, its stillness and physical beauty are still to be preserved and so this struggle will be conducted by any means and through any mechanism available to the Save Tara Campaign.

No matter how much damage has been done up to this point the road remains totally unacceptable along its present alignment. Over the last few months people say to us ‘but they are going to build it anyway’, or ‘sure isn’t the damage already done’. In reply we argue that this road, like Tara itself is a signifier – a signifier of values and attitudes –this debate embodies not only the value we place on our heritage and history, but also signifies how we might deal with the challenges of an energy-poor future and the massive sociological changes that are necessary in order to meet these challenges.

The placing of economic and sectoral interests, above those of the wider environment and society, is one of the main reasons we find ourselves in the environmental mess we are in. Unregulated and profit-driven property development, both residential and commercial, is the primary cause of the transport crises facing the people of Meath. A shocking fact, little reported in the acres of coverage of this issue is that the route of this road was chosen to increase traffic volumes, and therefore tolling profits. This road is engineered to increase car-dependecy. Could our transport planners possibly get any more cynical and profit-driven?

Our friends and neighbours in the European Union have voiced grave concerns about this motorway. To deal with one specific concern – the Commission have questioned how the Lismullen National Monument, a massive structure over 80 meters in diameter could have been missed during surveying. The EU maintains that, having missed the structure initially, it’s subsequent discovery should automatically lead to a new Environmental Impact Assessment. There would seem to be a prima facia case that the EIA process is inadequate at best. A less benign interpretation is also possible; our summons maintains that in only carrying out a EIA on one route – the so-called ‘preferred route’ through the Valley, the EIA process is actually subsumed to a function of the route selection process, as opposed to an objective basis upon which to decide upon one route as opposed to another.

It is in the public interest that the procedural and legal shortcomings of the M3 debacle be further examined in the courts. It is in the public interest, not only because of the importance of the Tara landscape in and of itself, but also because this private motorway is iconographic of future planning, transport and environmental policy in this country. Who can look at the Dublin Civic offices now and not regret the lost opportunity of a public park; sweeping up from the river Liffey to the Christchurch Cathedral, a potential resource of immeasurable cultural, educational and aesthetic value? At a time of unprecedented prosperity, who can say that the M3 will be anything but a source of bewilderment and regret to future generations?

The preservation of the Tara landscape can our moment of reflection and renewal, a moment when we realised that our environment is a finite resource and also an opportunity to take strength from a proud and ancient past to meet the challenges ahead.
///////////////////////////////////
Statement from Seamus Heaney
It could be said that the Campaign to Save Tara is putting its case ‘in the name of the dead generations’: for the past two millennia those generations regarded Tara as a place invested with sacred as opposed to secular value. Protest against the loss of this value remains an imperative.
Fundamentally you are acting for the preservation of dúchas as an aspect of our national life. Dúchas has been defined as ‘inheritance, patrimony; native place or land; connection, affinity or attachment due to descent or long-standing; inherited instinct or natural tendency.’ Even more importantly, however, it is an elevation of these things to what Breandan Ó Doibhlin has called ‘a kind of ideal of the spirit’. It seems to me the Campaign is taking a stand on behalf of that ideal.

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Comments (13 of 13)

Images from today's press conference

by Paula Geraghty

Wed Aug 29, 2007 23:33

mspgeraghty at yahoo dot ie

Images (c)

Laoise Kelly who played the harp, a piece by Carolan.

Dr. Muireann Ní Bhrolcáin

Mary Lou McDonald MEP and Michael Canney

Michael Canney under the Halo of the EU

Dr. Muireann Ní Bhrolcáin and Kathy Sinnott MEP

Thanks!

by C Murray

Thu Aug 30, 2007 09:43

The campaigns are outside the Gresham at the moment, if anyone wants to come down and support
the Conference attendees within are paying 4 euros for a cup of tea. Some interesting chats with the
director of the Cork NRA. will add in later.

http://www.tarapixie.net
http://www.savetara.com
http://www.tarawatch.org

Try Number Two

by W. Finnerty.

Thu Aug 30, 2007 18:21

It seems to me there was a desperate need (in terms of the "common good" mentioned in the Preamble of our Constitution) for a new challenge in the Republic of Ireland's courts regarding the Hill of Tara / PPP M3 Toll Road issue; and, like a great many other people I suspect, I'm really pleased to see it's now actually happening. Many thanks to all involved.

Not knowing anything of this new challenge at the time, I sent a letter through the registered post to our Chief Justice John L. Murray last Tuesday. Among other things, it outlines a number of very strange aspects of this particular PPP (Public Private Partnership) toll road project: among them the fact that our National Monuments (Amendment) Act 2004, which is being used to drive the project forward, is in all probability UNCONSTITUTIONAL (and consequently unlawful).

In support of this view, and as some readers will already know, the following statement emerged from one of Mr Murray's judicial colleagues around the time of the EUROS 600,000 High Court challenge in 2006: "Justice Laffoy (High Court Judge) had stated in her High Court opinion that there was in fact a constitutional imperative' to protect these assets (in the Hill of Tara area)".

In spite of the huge expenditure involved in the 2006 challenge, of both time and money, it appears that no useful progress at all was made regarding the crucially important matter of determining whether or not our National Monuments (Amendment) Act 2004 is in fact constitutional. I sincerely hope this second try will not leave any such doubts remaining.

Breaking European Union law is bad enough, but violating Bunreacht na hEireann (Constitution of the Republic of Ireland) is much, much worse in my view. Not only does unconstitutional legislation undermine our Constitution, but it also of course undermines the sovereignty of the Republic of Ireland as an independent nation state: the ONLY fully independent Celtic nation state in the world as far as I know.

For anybody interested, a scanned copy of the registered letter I sent to Chief Justice Murray last Tuesday (i.e. August 28th 2007), together with a copy of the associated Post Office receipt, can be viewed at http://www.europeancourtofhumanrightswilliamfinnerty.co...r.htm .

Page 1 (of the four-page letter to Chief Justice Murray at the above address) is largely taken up with the truly amazing and growing array of unresolved legal problems I have been saddled with as a direct result of attempting to challenge the constitutionality of our "Waste Management (Amendment) Act 2001" (which I believe is almost certainly unconstitutional as well), during the run-up to the General Election in May 2002. The several "extremely serious" Hill of Tara issues (as I see them) appear on pages 3 and 4.

According to the Post Office's Internet "Track & Trace" Service, the above mentioned letter to Chief Justice Murray was successfully delivered yesterday morning (i.e. August 29th 2007).

2 Videos from the CST Press Conference

by KOM

Fri Aug 31, 2007 15:40

Video 1: CST Press Conference - EU Buildings
http://www.livevideo.com/video/BDE6BEF6340A4DE998691AAF....aspx

Video 2: Laoise Kelly Playing the Harp - “The harp is inextricably linked with Tara”
http://www.livevideo.com/video/C1B5AAA2DDF24845ADFAF5A4....aspx

Visit the new Campaign to Save Tara website
http://savetara.ning.com/

Visit the Tara Video Archieve
http://www.tarapixie.net

Video 1: CST Press Conference - EU Buildings - Dublin

Video 2: Laoise Kelly Playing the Harp - “The harp is inextricably linked with Tara”

Latest Tara Videos

Mon Sep 03, 2007 09:52

Video 1: Tara Poem: A Call to Action - A short video of a recorded poem by one Tara activist.

Window Media
http://www.indymedia.org.uk/media/2007/09//380118.wmv
Quicktime
http://www.indymedia.org.uk/media/2007/09//380132.mov

Video 2: JP gets a visit from the Garda- 1st September 2007 – ‘We wish to inform you that you are committing an offence…’
http://www.livevideo.com/video/5FA96D6FCB12429499D60730....aspx

Video 3: The Meath Master Plan - Press Conference - 29th August 2007 - 28 Minutes
http://www.livevideo.com/video/7BE4B2663F574FAF92F23324....aspx

Video 4: Tara: March to Navan (15/08/07) - A short video of a march to Navan, the closest town to the Tara Valley, to drawn public awareness to the destruction of Irish National Heritage.

Window Media
http://www.indymedia.org.uk/media/2007/09//380160.wmv
Quicktime
http://www.indymedia.org.uk/media/2007/09//380162.mov

Video 1: Tara Poem: A Call to Action -

Video 2: JP gets a visit from the Garda - ‘We wish to inform you that you are committing an offence…’

Video 3: The Meath Master Plan - Press Conference - 29th August 2007 - 28 Minutes

Video 4: Tara: March to Navan (15/08/07) - A short video of a march to Navan, the closest town to the Tara Valley

Article 34.5. of "Bunreacht na hEireann" (Constitution of the Republic of Ireland)

Mon Sep 03, 2007 15:10

A written reply has been received from the Private Secretary to Chief Justice John L. Murray to the letter mentioned in the Thu Aug 30, 2007 18:21 slot above. (For anybody interested, a scanned copy of the reply can be seen at http://www.europeancourtofhumanrightswilliamfinnerty.co...r.htm .)

Allowing for this "written confirmation of receipt" from Ms Carol Kelly to my letter to Justice Murray dated August 28th 2007, and with Article 34.5 of Bunreacht na hEireann (the Constitution of the Republic of Ireland) in mind, my hope now is that Chief Justice Murray, and all of his several colleagues in the judiciary, will give some VERY serious consideration to the general matter of unconstitutional legislation, and to our National Monuments (Amendment) Act 2004 in particular.

In addition to the above mentioned "Constitutional" comment made by High Court Judge Ms Laffoy, in the "Thu Aug 30, 2007 18:21" posting above, regarding the protection of ancient heritage sites in the Hill of Tara area, and as some readers will already know, there is also the important matter of the following view expressed in the January 14th 2006 Daily Telegraph article by constitutional law expert Dr Gerard Hogan, Fellow of Trinity College Dublin:

"Gerry Hogan, senior counsel for Mr Salafia, claimed the legislation used to push through the project was unconstitutional. He said the National Monuments (Amendment) Act 2004 weakened the role of the Oireachtas (Ireland's national parliament) by giving the minister discretionary powers to determine the fate of the country's heritage. Mr Hogan claimed the state's duty to protect monuments had been 'seriously compromised' ". (Additional ackground information on this comment can be found at http://www.indymedia.ie/article/83611#comment203109 .)

The Constitutional "DECLARATION" that Republic of Ireland judges are required to make (and sustain) is set out under the "Article 34.5" heading below:

===

Article 34.5.

1° Every person appointed a judge under this Constitution shall make and subscribe the following declaration:

"In the presence of Almighty God I, , do solemnly and sincerely promise and declare that I will duly and faithfully and to the best of my knowledge and power execute the office of Chief Justice (or as the case may be) without fear or favour, affection or ill-will towards any man, and that I will uphold the Constitution and the laws. May God direct and sustain me."

2° This declaration shall be made and subscribed by the Chief Justice in the presence of the President, and by each of the other judges of the Supreme Court, the judges of the High Court and the judges of every other Court in the presence of the Chief Justice or the senior available judge of the Supreme Court in open court.

3° The declaration shall be made and subscribed by every judge before entering upon his duties as such judge, and in any case not later than ten days after the date of his appointment or such later date as may be determined by the President.

4° Any judge who declines or neglects to make such declaration as aforesaid shall be deemed to have vacated his office.

===

I would like to end this posting by expressing the view that, generally speaking, the legal profession in the Republic of Ireland has not been paying nearly enough attention to Article 34.5 of our Constitution during recent years; and, that I (for one) find this EXTREMELY disturbing: for SEVERAL reasons - some of which are related in the e-mail at the address provided below.

"Nefarious Methods"

Wed Sep 05, 2007 14:54

Titled as follows: "Sovereignty Stripping" Versus "Judges' Declaration" - an e-mail was sent yesterday to a selection of senior politicians and lawyers.

Basically, it was an attempt to show how the present Tara "situation" may well be an example (and a symptom) of what Nobel Prize winner and former World Bank Vice President Joseph Stiglitz has described as the "nefarious (i.e. unlawful, wicked, and evil) methods of inducing countries to fall under their debt before stripping them of sovereignty". (For the article containing this quote from Joseph Stiglitz, please go to http://www.prisonplanet.com/articles/october2006/301006...h.htm .)

Allowing for the possible presence of these "nefarious methods", it now seems extremely important (to me at least) that, as part of the new court challenge, the constitutionality of National Monuments (Amendment) Act 2004 is fully checked out and decided upon by our judiciary: one way or the other.

Either our National Monuments (Amendment) Act 2004 is constitutional, or it's not? - as can ultimately be determined by our Supreme Court if necessary.

Allowing for the major doubts expressed by some of our most senior lawyers regarding the constitutionality of our National Monuments (Amendment) Act 2004, it appears to me we all badly need to know the answer to this question as soon as possible, and before this particular piece of highly dubious legislation is used to damage and/or to destroy any more of our most important heritage sites.

A copy of the e-mail sent yesterday to the large group of senior lawyers and politicians in question can be viewed at http://www.europeancourtofhumanrightswilliamfinnerty.co...l.htm .

While I, like many others I imagine, believe the breaking of European Union law is an extremely serious issue, it nevertheless seems to me to be of secondary importance to the possibility that unconstitutional law belonging to the Republic of Ireland, i.e. our "National Monuments (Amendment) Act 2004", is possibly being used by global banking organisations for nefarious purposes; and, with the assistance perhaps (?) of some members of our own judiciary: keeping in mind the so far unexplained EUROS 600,000 High Court debacle of 2006, which appears to have failed completely in regard to its most important task - that of deciding whether this particular piece of legislation is constitutional or not.

Also, and among other things, it seems to me that the people of the Republic of Ireland now badly need to learn how to sort out their own internal legal problems: instead of hoping the European Union will do it all for us, and waiting around for them to act - which they may, or may not, do?

Fortunately, as Tara is such an important world-class heritage site, and of such great importance to so many people around the world, it now conveniently provides a potentially very powerful "stick" to severely challenge any nefarious methods which are possibly being used against it.

Do any of our lawyers have what it takes though to now use this "might stick" effectively, and responsibly, I wonder?

Navan court case/ Pat Kenny show

by M. Ni Bhrolchain - CST

Wed Sep 05, 2007 17:21

The cases against the Tara Ten adjourned until Oct 24th at 10.30am in Navan Court.

Also the Pat Kenny Show is broadcasting from Tara tomorrow - there will be an interesting line up of participants and musicians.

A photo

Wed Sep 05, 2007 22:34

And also a press release

Government dismisses European concerns on Tara and the M3

The Government’s dismissal of European concerns regarding the construction of the M3 motorway at Tara in Co. Meath was condemned by the Save Tara Campaign today. The campaign maintains that in not agreeing to revisit the route of the motorway the Government is seriously misjudging the EU Commission’s determination to make member states abide by European Law. The current Commission has been very proactive in prosecuting members States who flout environmental directives.

Dr. Muireann Ni Bhrolcháin said today; ‘This communication shows the contempt and arrogance of this Government when it comes to environmental concerns. The EU recognize the importance of the Tara landscape, the people of Ireland also recognize this. Yet this government continues to put sectoral interests above those of the common good. The protests will continue along the proposed road construction, the lobbying will continue and efforts to have case reopened by the courts at domestic and European level will intensify.’

Michael Canney, the named litigant in the current High Court summons about the M3 commented today; ‘We owe our current prosperity in large part to the largesse of our European neighbors, particularly the Maastricht billions. How dare the Government turn around now and refuse to abide by European Environmental Law. But it is quite typical of this Government to cherry pick certain legislation. It appears we are still closer to Boston than Berlin, despite the Greens being in Government. The Save Tara Campaign is determined, through the current High Court proceedings, to force the adoption of progressive EU environmental legislation into Irish law. The fact that we have to drag the Government kicking and screaming to accept this is a disgrace.’

In a related development, the cases again the Tara Ten were adjourned in Navan Court. The next court appearance will happen on October 24th at 10.30am.

Nine of the ten

Inalienable Rights, and Inalienable Wrongs

Sat Sep 08, 2007 14:58

While attempting to stress the URGENT need (as I see it) to have all doubts removed regarding the the very dubious constitutionality of our National Monuments (Amendment) Act 2004, BEFORE it is used to damage and/or destroy any more of our most important heritage sites, another e-mail was sent yesterday to a selection of senior lawyers and politicians.

The more I think about it, the more outrageous it appears to me that what is in all probability "illegal law", can still be used by our "public servants" to keep on damaging and destroying some of the most important heritage sites in the Republic of Ireland, and that NOBODY (it seems) has what it takes to stop this bizarre form of legal abuse: in spite of our written Constitution (Bunreacht na hEireann) and our thousands of lawyers, and in spite of all the heritage and social damage caused thus far during the three year existence our National Monuments (Amendment) Act 2004.

For anybody interested, a copy of the e-mail sent yesterday can be viewed at http://www.europeancourtofhumanrightswilliamfinnerty.co...l.htm .

In addition, and allowing for the way that the basic purpose of the "justice system" (so called) appears to have got itself all lost and/or pushed to one side in the fog of greed-driven economic and commercial considerations, an attempt was also made in yesterday's e-mail to point out that: "Genuine justice is about the protection of the inalienable rights of each and every individual human being - and - the punishment (for deterrent purposes) of the inalienable wrongs of ALL individuals who violate such rights."

A new video

by Major Tom for Tara

Sun Sep 09, 2007 00:56

The latest video, this is Collierstown - site of a stunning graveyard.

http://www.livevideo.com/video/2A3E24BD32A842A7BE648B2C...40529

Graveyard at Collierstown

Wednesday July 04, 2007

Sun Sep 09, 2007 16:00

Those who are new to the campaign and who might not yet know, may wish to be informed about the Baronstown site as well, which was COMPLETELY destroyed on July 04, 2007 apparently.

Allowing for the major doubts relating to the constitutionality of our National Monuments (Amendment) Act 2004, which are ongoing and NOT being challenged in the law courts by anybody at the present time as far as I know, was the physical destruction of the above site, on July 4th last, lawful?

If it was not lawful, as a consequence of the use of unconstitutional law, why is it that such destruction is being allowed to continue unchallenged in the courts of law?

More on the destruction of the site at Baronstown be found at http://www.indymedia.ie/article/83306 .

"Workers destroy Baronstown at 4am"

Crows will roost

by C.

Sun Sep 09, 2007 17:55

The Church at Skyrne (Shrine) is really in a strange state of repair despite the metal
plaque on the wall proclaiming that it is protected under the aegis of the :- Department of
Arts, Heritage, Gaelteacht and The Islands. The structural integrity for a monument of that
age is ok- but crows are filling the degrading baptismal font which is strapped round
with a bit of old metal and litter lies all over the ground. The blurb declares that it was
the housing of St Columbcilles reliquaries. It stands atop the hill facing the Tara church
and the scar across the Gabhra valley is becoming more evident.Of course the Department* does
not exist anymore and neither does Duchas, all coming under the DOE and the Commissioners
of Public Works on St Stephen's Green. The Font must have been strapped some considerable
time ago and no effort has been made to go in and pick up the rubbish. At the side
of the road opposite the entry stile and iron gates there is a piece of the church lying on the
ground, though the exact place where it belongs isn't immeadiately apparent. All the cash
for restoration and of course the ethos that accompanied a statutory body's duty of care
having been split since the abolition of Duchas in 2003. The usual meeting today happened on the
hill. The Mound of Hostages is very dry and the sheep fence allows access by groups of people ,
in the main tourists, campaigners were telling the kids to not climb over the lintel area
because not alone were they endangering themselves but the erosion across the lintel
was leading to lossening round the structure. The awareness of campaigners of the fragility of the
monuments on the Hill , coupled with the obvious lack of protections for both the
39 monuments that comprise the landscape and the Hill of Tara and the Church at Skyrne
is worrisome to say the least. the Money which should be ear-marked for protections is being
run into graduate recruitment programmes for 4 year limited contracts for archaelogical
directors and not to recruit suitably qualified conservation archaelologists and
architects at public service level.

http://www.savetara.com
http://www.tarapixie.net
http://www.tarawatch.org

One US lady was horrified at the lack of integrity of this present government with regard
to heritage protections . It really is time for the State to look at the paucity of protections
available on the statutes and the quality of recruitment of people in advisory capacities in
the complete lack of statutory protections, which is an issue that effects all our monument.
Servicing them with a skelton crew within a split DOE is not in any way approaching
adequate.

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New court challenge on Tara

Comments (13 of 13)