Clare Island fisherman challenges licence to lay cable which is part of connection between Europe and US

The Irish branch of the cable system is called America Europe Connect 2 and is owned by a consortium of IT companies including internet giants Facebook and Google. The consortium is a notice party to the proceedings against the Minister of State at the Department of Planning and Local Government which granted a foreshore licence earlier this year.

A Trans-Atlantic fibre optic cable extending from the US to Denmark with spurs to Ireland and Norway is under construction. The planned route for the Irish spur includes a landfall at Old Head on the southern side of Clew Bay, over three kms from Louisburgh.

A High Court judge today entered the case to the fast track Commercial Court where fisherman, James O’Toole, is challenging the granting of a foreshore licence to bring the fibre optic cable ashore at Old Head, Co Mayo.

America Europe Connect 2 Limited, which applied to have the case entered to the list, contend it is a major infrastructural project of significant importance to this country.

David Holland SC for America Europe Connect 2 told the court a technical team was already at a Mayo hotel and in self-isolation and expecting to start work next week

Mr O’Toole’s counsel, James Devlin SC, instructed by solicitor Brian Harrington told the court the fisherman will also be applying to the High Court In the next few days for a stay on any work being carried out pending a court determination on the legal challenge.

James O’Toole of Ballytoughey, Clare Island, who is described in the court papers as a farmer and fisherman in his proceedings is seeking an order quashing the decision of the Minister for State for Housing, Planning and Local Government on February 6, 2020, to grant a licence under the Foreshore Act to install a subsea fibre optic cable on the foreshore of Old Head, Louisburgh, Co Mayo.

He is also seeking a declaration that the decision to grant the licence was ultra vires and contrary to the EU Habitats Directive.

He further seeks a declaration the decision to grant a licence lacked sufficient reasons and with contrary to fair procedures

America Europe Connect 2 Limited in 2018 applied for a foreshore licence to lay fibre optic cable coming ashore at Old Head Louisburgh,Co Mayo. The licence, which was granted in February 2020, related to the Irish branch of the transatlantic fibre optic cable extending from the US to Denmark with branches to Ireland And Norway.

The cable also passes through Scottish fishing waters. Mr O‘Toole claims the shortest possible route to Ireland’s shore was selected even though it is through areas of very rocky seabed where the cable cannot be buried, in sensitive fishing grounds in Clew Bay and passes through the narrow channel between Achill and Clare islands.

It is claimed it also passes through the habitats of protected endangered species, including the bottle nosed dolphin and the Brent goose.

Mr O’Toole has said he and other fishermen are concerned about the risk to fishing gear becoming entangled on the surface-laid cable as well as fishing gear that may have to be abandoned and could entrap marine species and cause environmental pollution.

It is also his case that disturbance to the population of predators like shark, skate or ray could affect the entire ecosystem including the shellfish that is Mr O’Toole’s livelihood.

Mr Justice David Barniville said he was satisfied to admit the case to the Commercial Court list and said there was clearly a significant commercial dimension and very significant costs involved in the development.

The hearing on whether a stay should be granted until the legal challenge is determined will be decided later this week.