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Date: Sat, 17 Jun 2006 13:47:20 +0100 (BST)
From: "William Finnerty" <>
Subject: Planning and Development (Strategic Infrastructure) Bill 2006
To: "Guardian of Republic of Ireland Constitution (President Mary McAleese)" <>, "Garda Commissioner Noel Conroy (Chief Commissioner of Police, Republic of Ireland)" <>, "Prime Minister Bertie Ahern" <>, "Deputy Prime Minister Mary Harney" <>, "Minister for Justice (Michael McDowell TD)" <>, "Mr James Hamilton (Director of Public Prosecutions, Republic of Ireland)" <>, "Mr. Rory Brady, S.C. (Attorney General, Republic of Ireland)" <>, "The Chief State Solicitor (Republic of Ireland)" <>, "Senator Mary O'Rourke" <>, "Minister Dick Roche TD (Environment & Local Government)" <>
CC: "Mr Riccardo Monaco, Office of the European Ombudsman (Re: European Ombudsman's complaint reference:1569/2006/RM)" <>, "Nikiforos Diamandouros (The European Ombudsman)" <>, "Gerard J Madden (Senior Social Worker, Omagh, Northern Ireland)" <>, "Gerald Finnerty & Marjorie Dolan (New Inn, County Galway)" <>, "Joe Callanan TD" <>, "Paddy Mc Hugh T.D." <>, "Paul Connaughton T.D." <>, "Galway County Councillor Michael Mullins" <>,, "Deputy Jimmy Deenihan T.D." <>, "The Irish Times" <>, "Sir Anthony O'Reilly, Newspaper Proprietor" <>, "RTE (Irish National TV Station)" <>, "UTV (Newsroom)" <>
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Dear President McAleese,
In connection with the contents of the two e-mails dated June 16th 2006 reproduced below, which I feel are self-explanatory, I am writing to you because I wish to be clear in my own mind that you, and all of the other senior public officials I am copying this e-mail to, have been made aware of the concerns relating to the possibility of serious violations of Article 28A.1 of Bunreacht na hEireann (Constitution of Ireland) in connection with the Planning and Development (Strategic Infrastructure) Bill 2006, which is now going through Parliament.
Assuming you have read the copy of the e-mail I sent to you last Monday, you will know that I am having an awful lot of very serious problems (which remain unresolved) relating to legislation I understand you signed into law a few years ago, which removed the decision making powers of my democratically elected local government representatives (i.e. Galway County Council) regarding the location of two huge rubbish dumps close to my home.  In case that for some reason you might not know about the e-mail I sent to you last Monday, a copy can be now viewed at the following Indymedia (Ireland) location: 
There is also a back-up copy of the above mentioned e-mail (together with scanned copies of the associated Post Office registered receipt) at: 
Though I tried to raise the issue of Article 28A.1 with An Bord Pleanala, in connection with the now completed Greenstar / National Toll Roads rubbish dump in Kilconnell, they completely ignored me.  For further information relating to the formal appeal I made to An Bord Pleanala on February 21st 2004, please see at .
I would like to take this opportunity to also point out, to all concerned, that I have never received any reply to any of the four letters I sent through the registered post on December 9th 2003 to: Deputy Joe Callanan T.D.,  Deputy Paul Connaughton T.D.,  Deputy Paddy McHugh T.D., and Galway Councillor Michael Mullins.  A copy of the letter (and the four associated Post Office receipts), which directly related to major concerns about the likelihood of Article 28A.1 violations, can be viewed at the following location: 
For reasons which I feel should be obvious, I truly hope you will decide to have the constitutionality of the Planning and Development (Strategic Infrastructure) Bill 2006 checked by the Supreme Court before you sign it into law; and, that you will have the full support of your senior public official colleagues in doing so: even though, as I understand it, the final decision regarding referral to the Supreme Court is your responsibility, and yours alone.
For future reference purposes, I plan to place a copy of this e-mail at the following address later today:
Yours sincerely,
William Finnerty.
"Vercingetorix (Ireland)" <> wrote:
From:"Vercingetorix \(Ireland\)"
To:"Celtic Party \(Yahoo Group\)" <>, Nature Ireland <>, Woodland League <>, "King Ollamh Fodhla \(Tara / Turoe / Ulster\)",,
Subject:"Dangerous" planning Bill
Date:Fri, 16 Jun 2006 18:38:05 +0100 (BST)
How, if at all, does the proposed new legislation fit in with Article 28A.1 of Bunreacht na hEireann (the BASIC Law of Ireland), which 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."
Information on arrangements for challenging "Unconstitutional Legislation and Decisions" can be found at the following address: 
Part of the information at the above address reads as follows:
"The Irish President also has the power to start judicial review proceedings.  Under the Constitution, if he or she considers that a new Bill might raise constitutional problems, he or she may refer the Bill to the Supreme Court. The Supreme Court will then examine the Bill and hear arguments on both sides to decide whether or not the Bill is constitutional and can be passed as legislation."
What will President Mary McAleese (the Guardian of our Constitution) do in this case I wonder?  Will she refer it to the Supreme Court to make certain sure that everything is in order: before she signs her name to the papers which will allow the "dangerous" Planning and Development (Strategic Infrastructure) Bill to become law?
1) The Irish Times  ( lettersed@irish- ) 
2) The Guardian of the Republic of Ireland's Constitution, President Mary McAleese.  ( ) 
3) Deputy Michael Ring TD ( ) 
Vincent Salafia <> wrote: 
From: Vincent Salafia <>
Date: Fri, 16 Jun 2006 05:11:45 -0700 (PDT)
Subject: [nature-irl] Irish Times: Ring breaks ranks over 'dangerous' planning Bill

Ring breaks ranks over 'dangerous' planning Bill
Marie O'Halloran
Irish Times
Fri, Jun 16, 06

Fine Gael TD Michael Ring broke ranks with his party to vote against a Bill to fast-track major infrastructure projects through the Dail. The Mayo deputy described it as the "most dangerous legislation" ever to come before the House.
Minister for the Environment Dick Roche said, however, that the legislation was about streamlining the system to provide people with basic infrastructure they had demanded for years. "We should be honest enough in our political debates to accept that there has been a great deal of unnecessary delay in the delivery of key infrastructure in this country over the years."
Some 70 TDs spoke in the Dail on the Planning and Development (Strategic Infrastructure) Bill, which passed second stage by 63 votes to 29. Labour, the Green Party, Sinn Fein, some Independent deputies and the Socialist party opposed. Fine Gael supported the Government. The legislation, which creates a new division within An Bord Pleanala to deal specifically with major infrastructure projects, now goes to committee for debate.
Mr Ring, who has fallen out with his party leadership on previous occasions, said the Bill showed the State was becoming a dictatorship. "This is the most dangerous legislation that has ever come before the House because it seeks to deprive people of the power to make observations and objections in regard to planning matters. We are told its provisions relate only to critical infrastructure but we can be certain it will only be critical for developers.
"Evidence from successive tribunals indicates who this Bill will ultimately benefit. In time, another Minister will introduce additional legislation that will further expand the provisions of this Bill to ensure developers are making enough money and paying enough of it to politicians. "Developers may eventually be given such extensive powers that they will no longer require planning permission for building projects."
Jimmy Deenihan (FG, Kerry North), who said Fine Gael supported the principle of the Bill, expressed concern that local councillors would be seen as redundant because An Bord Pleanala's new planning division would decide on incinerators and landfill instead of local authorities. "If local people cannot have an input into the planning process, they will see their local councillors as being irrelevant."
Apart from making a submission to the new division, a local council would have little input into the final decision, he said.
Mr Roche insisted, however, that the Bill did not threaten local democracy and it gave a very specific role to councillors. "The abuse of the planning system means that people are gridlocked on the roads and are waiting for basic infrastructure. We should not lose sight of that.
"My constituents in Arklow have been waiting for a sewerage system for 13 years. Successive governments have provided funding but a small group of people exercising their rights have used every device to delay that process."
Parliamentary Debates 

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           --- End of e-mail text ---


Post Office receipt for printed and signed version of the above e-mail
which was sent using the Royal Mail "Airsure" Service on June 17th 2006:


           Side 1


Side 2          

Post Office "Track & Trace":
 Item number:

 (Copy & Paste)



Constitution of Ireland:
Bunreacht na hEireann

and Other Cruel, Inhuman or Degrading Treatment or Punishment (United Nations): 


European Convention on Human Rights (Council of Europe):

Universal Declaration of Human Rights (United Nations): 




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