Courts / Roscommon / Report

Environmental group claims council is in contempt of court

Date
2021-10-27

Stage
Hearing Or Decision

Primary locality
Roscommon

Summary

Friends of the Irish Environment (FIE) has claimed before the High Court that Roscommon County Council is in contempt of court for allegedly breaching an agreement regarding a flood relief scheme. The dispute concerns the Council's plan to construct a 3km pipeline transferring water from Lough Funshinagh to Lough Ree, located 12km north of Athlone. FIE seeks an order for the Council's CEO, Mr Eugene Cummins, to be attached and brought before the court to answer the alleged contempt. Last August, the court granted FIE a temporary order halting works. The matter was subsequently resolved before a hearing when the Council consented to orders quashing its decision to permit the works, agreed to remediate the affected lands, and paid FIE's costs. A Remediation Plan was agreed between the parties. However, FIE alleges that on October 14, the Council used section 152 of the 2001 Local Government Act to authorise the pipeline's construction without consulting FIE. FIE claims the Council has taken no substantive steps to comply with the Remediation Plan by reusing previously constructed pipeline and manholes. FIE states it requested the Council to desist from these steps, but the request was not complied with. The matter came before Mr Justice Garrett Simons on Wednesday, where FIE's counsel, Jon Kenny BL, instructed by Eoin Brady of FP Logue Solicitors, presented the claim of contempt arising from the alleged breach of the August orders.