Carrickmines motorway work halted
Work on the controversial Carrickmines section of Dublin’s M50 motorway stopped today until a High Court hearing into its constitutionality begins next week.
Dun Laoghaire Rathdown County Council agreed this afternoon to halt all construction activity around the ruins of Carrickmines Castle until an injunction hearing starts next Thursday.
Lawyers for Dublin conservationists Dominic Dunne claim that emergency legislation that allowed their work to resume this week is unconstitutional.
The National Monuments Amendment Act 2004 permitted Environment Minister Martin Cullen to make an Order for the partial destruction and relocation of the ancient Fosse stone wall to allow work on the South Eastern motorway to continue.
Lawyers for the County Council explained to Justice Michael Peart today that 25 metres of the Fosse has been removed to date. A further 10 metres will be removed and reconstructed at a nearby location. An additional 80 metres will be removed completely while 100 metres will remain untouched.
Counsels for the Attorney General and the Minister for Environment clarified that not all of the ruins of Carrickmines Castle would be demolished.
James Connolly SC said: “There has to be a balance between a matter of archaeological concern and the matter of public interest in relation to the completion of a multi-million euro motorway.”
The week-long delay is expected to cost 375,000 euro and is the latest obstruction to the 596m euro project.
The county council’s Director of Transportation, Eamonn O’Hare said he was very disappointed and frustrated with the result.
He said: “The South Eastern motorway is an essential piece of infrastructure and it has been put on hold for the last two-and-a-half years.
“We have agreed to a temporary cessation of work on the basis that the constitutional issue will go to a full hearing next week.”
The project, which was the last link on the M50 motorway was due to be completed in October but it is now due to finish in August 2005.
Lawyers for both sides in the High Court action agreed that all documents would be submitted before close of business on Wednesday so the injunction hearing could go ahead the following morning.
All construction on the South Dublin site will stop until 11am on Thursday morning.
Mr Dunne in whose name the action is being taken, declined to comment to the media after today’s decision, which was approved by Justice Peart.
