• To:  Environment Protection Agency  (EPA, Republic of Ireland);
  • Re: Objection to Greenstar (Celtic Waste) / National Toll Roads rubbish dump at Kilconnell, County Galway;
  • EPA reference number: 178-1.
       From: Wexford Receptionist (EPA)
       To: 'William Finnerty'
       Sent: Monday, December 15, 2003 4:36 PM
       Subject: RE: Article 28A (Republic of Ireland Constitution), & the Aarhus Convention.
         Dear Mr Finnerty,
         Your correspondence of 15 Dec has been forwarded to the relevant person/office for attention.

         Thank you and regards,
     Ann Rochford
         Environmental Protection Agency,
         An Ghniomhaireacht um Chaomhnu Comhshaoil
         P.O. Box3000,
         Johnstown Castle Estate,
         Co. Wexford, Ireland.
         Tel:  00353 53 60600
         Fax: 00353 53 60699
         Website: http://www.epa.ie
         email: info@epa.ie
-----Original Message-----
From: William Finnerty [mailto:wfinnerty@eircom.net]
Sent: 15 December 2003 16:29
To: Environment Protection Agency
Cc: Margot Wallstrom (European Union Environment Commissioner); William Finnerty (Yahoo); AA2 Self (Hotmail); AA1 Self (Eircom); FriendsOfTheIrishEnvironment(Admin); Friends of the Irish Environment (Tony Lowes); Heritage Council (Ireland); An Taisce; VOICE of Irish Concern for the Environment; Bord Pleanala
Subject: Article 28A (Republic of Ireland Constitution), & the Aarhus Convention.
To: Environment Protection Agency
Re: Objection to Greenstar (Celtic Waste) / National Toll Roads rubbish-dump at Kilconnell, County Galway.
EPA reference: 178-1
Dear Environment Protection Agency,
I wish to object to Greenstar (Celtic Waste) / National Toll Roads being given an EPA licence for a rubbish dump at Kilconnell, County Galway.
For the reasons stated in my e-mail below (sent on Tuesday, December 09, 2003 2:11 PM) to the four East Galway politicians, I believe that the "Waste Management (Amendment) Act 2001" is in breach of Article 28A of the written Constitution of the Republic of Ireland.  Consequently, I further believe that the decision by unelected Galway County Council managers to grant permission to Greenstar for this dump - which COMPLETELY excluded the opposing views and wishes of all the locally elected county councillors in Galway - is not legally valid: by virtue of the fact that this decision depends entirely (for its authority) on Waste Management Amendment Act 2001 being legally valid.
I am also aware of two separate allegations of bribery connected with National Toll Roads (which very largely owns Greenstar, I believe).  One involves Mr P. Lohan, the Chairman of the Kilconnell Anti-Dump Committee (who I believe was offered €50,000 to resign from his job as Chairman); and, the other involves the Flood Tribunal - which I understand found that National Toll Roads bribed a Mr. George Redmond some years ago.
I have already brought the matter of the €50,000 bribe to the attention of Prime Minister Ahern, and requested an investigation into the matter.  Please see:
http://www.finnachta.com/CorruptionInvestigationRequest.htm  (I assume Prime Minister Ahern does not need me to inform him about the National Toll Roads bribe to Mr. Redmond: which I gather has been recorded in the Flood Tribunal report.)
Finally, I wish to state that I believe it was COMPLETELY in breach of the EU Aarhus Convention principles to totally exclude local people, and local politicians, from the decision-making process which resulted in Galway County Council managers recently granting permission to Greenstar to locate their rubbish dump in Kilconnell.
Mr William Finnerty.
(Address information can be found below.)
----- Original Message -----
Sent: Thursday, December 11, 2003 8:44 PM
Subject: [Tara/Skreen] Article 28A (Republic of Ireland Constitution), & the Aarhus Convention.
----- Original Message -----
Sent: Thursday, December 11, 2003 12:01 PM
Subject: Fw: Article 28A of Irish Constitution, & the Aarhus Convention.
Dear Galway County Councillors,
Following last Monday's sudden announcement that New Inn (where my home is located) has yet AGAIN become the prime target for a HUGE rubbish dump (possibly a SUPERDUMP for the whole of Connacht), it would be much appreciated if you could all please give some consideration to the requests I made below to Deputy Joe Callanan T.D.,  Deputy Paul Connaughton T.D.,  Deputy Paddy McHugh T.D. and Galway County Councillor Michael Mullins at the Kilconnell Anti-Dump Meeting last Monday evening (i.e. December 8th 2003).
Mr William Finnerty.
PS: The list of e-mail addresses I have used above for Galway County Councillors, which I assume is complete and up-to-date, has come from the Internet address immediately below:
----- Original Message -----
Sent: Tuesday, December 09, 2003 2:11 PM
Subject: Article 28A of Irish Constitution, & the Aarhus Convention.
Dear Deputy Callanan T.D.,  Deputy Connaughton T.D.,  Deputy McHugh T.D.,  and Councillor Mullins,
As I mentioned to all four of you at the end of last night's Anti-Dump Meeting in Kilconnell, I have long believed that Waste Management (Amendment) Act 2001 is in breach of Article 28A of the written Constitution of the Republic of Ireland. This is because of the fact that it completely removes all power from the democratically elected local government politicians regarding important local community matters connected with the location of huge rubbish dumps (e.g. those now planned for Kilconnell and New Inn), and instead places it entirely in the hands of UNELECTED County Council managers.
The content of Article 28A (Item 1) of our written 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."
In view of the sudden shock announcement yesterday that New Inn is now the number 1 target for a superdump for Connacht, and as you all stated in public at last night's meeting  that you would be willing to help in any way you could, I would be very grateful if you (and ALL of your political colleagues in local and central government) would now ask to have the constitutionality of Waste Management (Amendment) Act 2001 reviewed please.
With regard to the above request, I am very conscious of the fact that where there is doubt regarding the introduction of a new law, President Mary McAleese (the present guardian of our written Constitution) has at her disposal the very easy option of referring to the Supreme Court for guidance; and, that although former Justice Minister Nora Owen (who was a T.D. at the time) asked in Parliament to have the constitutionality of Waste Management (Amendment) Act 2001 checked by the Supreme Court, President McAleese did not do so: for reasons which continue to be a VERY disturbing and growing source of mystery and suspicion for me. 
I would also like to know where Irish politicians stand in regard to the very closely related matter of the Aarhus Convention?  To date, it seems to me that ALL Irish politicians, and ALL of the Irish "mass-media" organisations, are acting as though they never even heard of the Aarhus Convention: even though people like EU Environment Commissioner Margot Wallstrom have been making public statements about this EXTREMELY important set of social and environmental principles for some considerable time now? 
General information regarding the Aarhus Convention can be found at:
In the most recent public statement I have seen attributed to Ms Wallstrom on the Aarhus Convention, I find it very interesting that she has used the word "now" in the following sentence: "Citizens will NOW be able to act as environmental watchdogs!"  The full context of Ms Wallstrom's sentence can be seen at:
How, I wonder, can we function effectively as environmental watchdogs if the democratically elected politicians we vote for have all their relevant power and authority removed by laws such as Waste Management (Amendment) Act 2001?   
I look forward to hearing from you regarding the above two matters (i.e. Article 28A and the Aarhus Convention):  both of which I see as being COMPLETELY above party politics.
Yours sincerely,
Mr William Finnerty.
Postal address:
"St Albans"
New Inn
County Galway.
PS: For future reference, I intend to place a copy of this e-mail at the following Internet location later today:
Also, the problem with Waste Management (Amendment) Act 2001 has already been brought to the attention of the European Parliament.  Please see:
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    <<< Request to have corruption investigated:  >>>
(Made on July 11th 2003) 



  EU Directive 97/11/EC:


Please Note: Point 3, in Annex IV seems particularly important:

  "A description of the aspects of the environment likely to be significantly affected by the proposed project, including, in particular, population, fauna, flora, soil, water, air, climatic factors, material assets, including the architectural and archaeological heritage, landscape and the inter-relationship between the above factors."


  Environmental Assessment 

"Environmental assessment is a procedure that ensures that the environmental implications of decisions are taken into account before the decisions are made."



  Information on petitioning the European Parliament 


Direct link to EU web site:

  Procedure for submitting a petition to the European Parliament 


  Sample of petition sent to the European Parliament on September 22nd 2003


The petition at the address below concerns the plan to put the new N6 Galway/Dublin Upgrade Road right through the middle of the Celtic "Iron Age" oppidium centred around Turoe & Knocknadala: which is thought to be the first to date to be identified in Ireland, and possibly the largest (by far) of all the 40 or so Celtic oppida yet found outside Ireland - in places like England, France, Germany, Austria, Switzerland, Poland, and Hungry.



  The European Valetta Convention 


The Republic of Ireland ratified the European Valetta Convention  (European Treaty Series 143) on the Protection of Archaeological Heritage in 1997. Article 5, ii), b) seems particularly relevant to development projects such as roads: "the allocation of sufficient time and resources for an appropriate scientific study to be made of the site and for its findings to be published".



  Agenda 21 (United Nations) 


General information:

"Introducing the Aarhus Convention"
 (from the United Nations):

"It links environmental rights and human rights."
"It establishes that sustainable development can be achieved only through the involvement of all stakeholders."
"It links government accountability and environmental protection."
"It acknowledges that we owe an obligation to future generations."
"The subject of the Aarhus Convention goes to the heart of the relationship between people and governments."



  "Telling it like it is"  


This publication reviews progress in the Republic of Ireland during the first 10 years following the 1992 Rio Earth Summit Conference. Through the use of 34 stories it strongly suggests (on page 8) that: "In spite of millions of Euros in spending and international co-operation of a degree and depth never before seen, the agreements of Rio 92 have not translated into on-the-ground changes".



"Anyone can become angry - that is easy.  But, to be angry with the right person, to the right degree, at the right time, for the right purpose, and in the right way: this is not easy."   Aristotle (384 - 322 B.C.).  Quote from: "Nicomachean Ethics".

Aristotle  |  Nicomachean Ethics (350 B.C.)  |



Extract from Preamble:

    "Conscious of its spiritual and moral heritage, the Union is founded on the indivisible, universal values of human dignity, freedom, equality and solidarity; it is based on the principles of democracy and the rule of law. It places the individual at the heart of its activities, by establishing the citizenship of the Union and by creating an area of freedom, security and justice."  

Full Text:




  "Confucius say (on world order) ... "

  • "To put the world in order, we must first put the nation in order;
  •   To put the nation in order, we must put the family in order;
  •   To put the family in order, we must cultivate our personal life;
  •   And to cultivate our personal life, we must first set our hearts right."

(551-479 B.C.)  

  Confucius on: 
 |  War  |  Politicians  |  Problem Solving  |  Good Citizenship  | 



AltaVista        TRANSLATIONS        AltaVista  

     | Traductions | Übersetzungen | Traduzioni | Traduções | Traducciones |


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December 16th 2003
Most recent update: December
16th 2003

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ody-1.jpg (1313 bytes)

"Ah how shameless - the way these mortals blame the gods.
  From us alone, they say, come all their miseries, yes,
  but they themselves, with their own reckless ways,
  compound their pains beyond their proper measure."

The above words were spoken by Zeus, who (to the ancient Greeks) was the father of all the gods.

ody-1.jpg (1313 bytes)

Odyssey - Book I, lines 37 to 40.
Believed to have first appeared in written form sometime between 900 and 700 BC.

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