"Dump controversy inspires a candidate"
(Letter on page 8 of April 15th 2004 edition of The Tuam Herald Newspaper)

Main thrust of election campaign to focus on key issue of
local democracy - as set out under Article 28A (Item 1) of Constitution

Law student Ann Marie Kelly's e-mail to
 Irish media organisations dated April 12th 2004

Main Text of Letter

Copies to Galway / Connacht Politicians

Copies to Galway County Council Manager & local media

Copies to Irish groups, An Bord Pleanala, Democracy Commission, and An Taisce

To: twalsh@cllr.galwaycoco.ie ; connie.nifhatharta@cllr.galwaycoco.ie ; jconneely@cllr.galwaycoco.ie ; jcuddy@cllr.galwaycoco.ie ; jjmannion@cllr.galwaycoco.ie ; jjoyce@cllr.galwaycoco.ie ; jmcclearn@cllr.galwaycoco.ie ; jmcdonagh@cllr.galwaycoco.ie ; kquinn@cllr.galwaycoco.ie ; mconnolly@cllr.galwaycoco.ie ; mcunningham@cllr.galwaycoco.ie ; mfahy@cllr.galwaycoco.ie ; mgormally@cllr.galwaycoco.ie ; mhoade@cllr.galwaycoco.ie ; mloughnane@cllr.galwaycoco.ie ; Galway County Councillor Michael Mullins ; mregan@cllr.galwaycoco.ie ; phynes@cllr.galwaycoco.ie ; pmchugh@cllr.galwaycoco.ie ; pofoighil@cllr.galwaycoco.ie ; posullivan@cllr.galwaycoco.ie ; sbreathnach@cllr.galwaycoco.ie ; sconnaughton@cllr.galwaycoco.ie ; sgavin@cllr.galwaycoco.ie ; tmannion@cllr.galwaycoco.ie ; tmchugh@cllr.galwaycoco.ie ; trabbitt@cllr.galwaycoco.ie ; Paul Connaughton TD ; Joe Callanan TD ; Paddy McHugh TD ; Padraic.McCormack T.D. ; Noel Grealish T.D. ; Minister Noel Treacy TD ; Minister Frank Fahey T.D. ; Michael D Higgins T.D. ; Éamon Ó Cuív T.D. ; Sean O'Neachtain (Member of European Parliament) ; Joe McCartin (Member of European Parliament) ; Rosemary Scallon (Member of European Parliament)
Sent: Wednesday, April 14, 2004 10:16 AM
Subject: Law student decides to run for election as an "independent" candidate ...
Main thrust of law student's election campaign to centre on core Constitutional issue of local democracy (as stated under Article 28A, Item 1).
For further information please see Ms Ann Marie Kelly's recent e-mail to media reproduced below.
----- Original Message -----
Sent: Tuesday, April 13, 2004 10:25 AM
Subject: [Celtic Party] Law student decides to run for election as an "independent" candidate
Main thrust of law student's election campaign to centre on core Constitutional social issue - connected with Article 28A, Item 1.
For further information please see Ms Ann Marie Kelly's recent e-mail to media reproduced below.
----Original message -----
To: "Connacht Tribune" <news@connacht-tribune.ie>, "Galway Advertiser" <dvarley@galwayadvertiser.com>, "Galway Bay FM" <news@gbfm.galway.net>, "Irish Independent" <info@unison.ie>, "Irish Times" <lettersed@irish-times.ie>, "RTE" <newsdesk@rte.ie>, "Sunday Business Post" <sbpost@iol.ie>, "TG4" <nuacht@tg4.ie>, "Tuam Herald" <editor@tuamherald.ie>, "TV3" <info@tv3.ie>
CC: "Kilconnell AntiDump Internet Group" <KilconnellAntiDump@groups.msn.com>, "Kilconnell AntiDump Secretary" <kilconnellantidumpsecretary@yahoo.co.uk>, "New Inn AntiDump Chairman" <repsvc@indigo.ie>, "New Inn AntiDump Internet Group" <NewInnAntiDump@groups.msn.com>, "Woodlawn House Preservation Society" <WoodlawnHousePreservationSociety@groups.msn.com>
From: "Ann Marie Kelly" <annmariekellywoodlawn@yahoo.co.uk
Date: Mon, 12 Apr 2004 23:25:46 +0100 (BST)
Subject: Local Election news (east Galway, Ballinasloe rural area)
Dear Editor,
I live in the Woodlawn area of east Galway, and because of the two nearby rubbish dumps planned for New Inn and Kilconnell I have decided to run in the June 11th 2004 election as an independent candidate for the Ballinasloe rural area.
I am a law student at NUI Galway, and I believe that the powers which have been given to the unelected local government officials in Galway County Council to make decisions regarding these two dumps - in a manner which (in effect) allows the officials concerned to completely ignore the local politicians elected by the people of County Galway - is entirely undemocratic, and completely in breach of Article 28 A of our Constitution.  
Article 28A (Item 1) of our Constitution reads as follows: "The State recognises the role of local government in providing a forum for the democratic representation of local communities, in exercising and performing at local level powers and functions conferred by law and in promoting by its initiatives the interests of such communities."
The main thrust of my election campaign will be to try and have the constitutionality of Waste Management (Amendment) Act 2002 challenged in relation to the above mentioned Article 28A statement.
Personally, I fail to see how the specific sections of Waste Management (Amendment) Act 2002 which effectively remove decision-making power from the locally elected politicians regarding the two huge rubbish dumps planned for New Inn and Kilconnell can be legally valid. 
Regardless of whether I get elected in the June 11th 2004 election or not, it is my intention to keep on challenging the constitutionality of Waste Management (Amendment) Act 2002 until such time as the Supreme Court give a ruling on the matter.  As far as I am concerned, the Supreme Court is the only body that can provide a valid decision on this extremely important social issue. 
The more I think about it, the more shocked and horrified I feel about the fact that President McAleese, in her MOST important role as the "guardian" of our Constitution, failed to use the facilities which are readily available to her for checking with the Supreme Court before she gave the go-ahead to the very dubious Waste Management (Amendment) Act 2002 - particularly when it is the case that she was urged in the Dail to do so by former minister for justice Ms Nora Owen.  This whole situation appears completely outrageous to me.
Words fail me when it comes to describe the growing sense of anger and resentment I feel regarding all of the ongoing upset and trouble that I, my family, and many other families in my community have been going through for several years now on account of these two dumps - all because of what I see as President McAleese's reckless and irresponsible behaviour towards our Constitution, and towards the citizens of my local community.  Both as a lawyer and as a woman, I feel she should know better - much better.
Quite apart from the local issue regarding the two huge rubbish dumps, there is also for me the more general and more disturbing matter of the vast majority of the citizens of this State being systematically deprived of the legal rights and protections provided for them under the terms of our Constitution - in order it appears for our present Government to unlawfully facilitate the greedy ways, as I see it, of a relatively small number of extremely wealthy individuals connected with big-business: in the form of, for example, very large companies such as Celtic Waste/Greenstar, National Toll Roads, and Cement Roadstone Holdings.
The law is the law is the law, and NOBODY, and no clique or company or business or organisation, is above the law.  Correct or not? 
Is Mise le Meas,
Ann Marie Kelly, Killaan, Woodlawn, Ballinasloe, Co. Galway.

Yahoo! Groups Links
  An almost identical copy of the above April 12th 2004 e-mail was published by the Tuam Herald Newspaper on April 15th 2004.  It can be seen at the following address:



 Text of Republic of Ireland Constitution:

Background Information on Republic of Ireland Constitution:


Some interesting background information relating to ownership of
   National Toll Roads (NTR), 
  Celtic Waste (Greenstar),
 Cement Roadstone Holdings (CRH)

 can be found at the 4 Internet addresses provided below.







Banks & Greenstar (Celtic Waste)

"Waste management company Greenstar, formerly known as Celtic Waste, has raised €100m in debt finance facilities for its continuing programme of capital investment.

"The five-year loan was led by Bank of Ireland, and includes AIB, Ulster Bank, Bank of Scotland (Ireland) and IIB Bank (headquarters in Brussels)."

The above information comes from RTE report of May 13th 2003  (15:37) at:

IIB Bank


Aarhus Convention Agreement
Basic Information



"Dump controversy inspires a candidate"

 "Dump controversy inspires a candidate"
for Galway County Council Election on June 11th 2004)
Above photograph taken on April 17th 2004 at New Inn, Ballinasloe, County Galway.


Additional background information on local environmental
 problems can be found at any of the 4 sites listed below:







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