CONSTITUTIONAL CHALLENGE
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From:
William Finnerty
To:
Tony Galvin (Award Winning Tuam Herald Journalist) ;
Connacht Tribune Editor (Mr. John Cunningham) ;
Galway Advertiser Editor (Mr. Declan Varley) ;
Galway Independent Newspaper ;
Sunday World Newspaper ;
Ireland On Sunday ;
Irish
Emigrant Newspaper ;
Irish Examiner Newspaper ;
Irish
Independent Newspapers (Unison Group) ;
Keith Finnegan at Galway Bay FM (local radio) ;
RTE (Irish
National TV Station) ;
Sunday Business
Post ; TG4
(Irish Language Station, Republic of Ireland) ;
The Irish Times ;
Tuam Herald ; TV3
(Republic of Ireland)
Sent: Thursday, July 29, 2004 3:53 PM
Subject: Fw: [Celtic Party]
Constitutional challenge
announced on Galway Bay FM this morning
----- Original Message -----
From:
William Finnerty
To:
Kilconnell Anti-Dump Group Secretary (Annette Gilchrist) ;
New Inn
Anti-Dump Chairman (Vincent Costello)
Cc:
President Mary McAleese ;
Prime Minister Bertie Ahern ;
Assistant
Police Commissioner (Galway area) ;
Garda
Commissioner Noel Conroy (Chief Commissioner of Police, Republic of
Ireland) ;
The Democracy Commission (Ireland) ;
An Bord
Pleanala ;
Environment Protection Agency ;
An Taisce (Yahoo Discussion Group) ;
Ann Marie Kelly Discussion Group ;
CelticParty(Yahoo) ;
East Galway Green Party (Siobhan Nevin) ;
Green Party Ireland (Yahoo Group) ;
Kilconnell Anti-Dump Internet Group ;
Nature Ireland ;
New Inn AntiDump Internet Group ;
Tara / Skreen Group ;
Woodlawn House Preservation Society ;
Commission of the European Communities (Attn. Secretary-General) ;
Margot Wallstrom (European Union Environment Commissioner)
Sent: Thursday, July 29, 2004 2:23 PM
Subject: [Celtic Party]
Constitutional challenge
announced on Galway Bay FM this morning
+++++++++++ 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 .
+++++++++++
Yahoo! Groups Links
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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: | ||
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| More information on the Constitutional problem (not referred to above) connected with the Aarhus Convention Agreement can be found at: | ||
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