CONSTITUTIONAL  CHALLENGE

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----- Original Message -----
Sent: Thursday, July 29, 2004 2:23 PM
Subject: [Celtic Party] Constitutional challenge announced on Galway Bay FM this morning

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As promised in her recent election campaign, law student Ann Marie Kelly announced this morning on the Keith Finnegan Show (Galway Bay FM) that she now has legal plans in place to have the High Court check the constitutionality of the alterations to the Waste Management Act which removed decision-making powers from the democratically elected local government representatives regarding the location of superdumps (and incinerators).

She will do so on the grounds that the above mentioned alterations to the Waste Management Act are in clear breach of Article 28A of the Constitution of the Republic of Ireland, which contains the following statement (in Section 1):

"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."
 
Ms Kelly, who's home is close to the superdump Celtic Waste are planning to locate in Kilconnell, also stated on today's radio program that the lawyer acting on her behalf has advised her the legal costs are likely to be in the region of 30,000 to 40,000 Euros.  She also made it clear that she will, as agreed on an earlier Keith Finnegan Show before the June 2004 local elections, be approaching the five Galway County Councillors for East Galway (who were elected last month) to help her meet these legal costs - as part of the expenses they are allowed to claim each year from Galway County Council
 
The timing of Ms Kelly's announcement today appears to be closely connected with the following two events:

1)  The recent decision by the Kilconnell AntiDump Group NOT to have the legality of the An Bord Pleanala appeal decision against them challenged in the High Court - on account of the high costs involved (up to 500,000 Euros according to Chairman Pauric Lohan on today's radio program);
 
and,
 
2)  An EPA (Environment Protection Agency) letter dated July 26th 2004 (EPA reference: 178-1) which effectively states that they have now decided to grant their final permission for Greenstar (Celtic Waste) to go ahead with their plans to build a superdump in Kilconnell.  Apparently, the EPA must have decided to completely ignore the request made to them on July 16th 2004 to put this particular decision in abeyance until such time as the constitutionality of the present Waste Management Act had been checked, and fully decided upon, by the High Court.  Further information regarding the request in question can be seen at the following Internet page location:  http://www.finnachta.com/FairMurtaghEmail16July2004.htm#EPA .
 
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  More information on the Constitutional problem referred to above regarding Article 28A of the Constitution can be found (under Item 1) in the February 21st 2004 Appeal to An Bord Pleanala at:

http://www.finnachta.com/BordPleanalaAppeal.htm

 
     

 

     
  More information on the Constitutional problem (not referred to above) connected with the Aarhus Convention Agreement can be found at:

http://www.finnachta.com/Oireachtas30June2004.htm

 
     
 
 

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