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Stand-off At Greenstar Dumpsite At Killaghmore, Co. Galway
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environment |
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Thursday October 06, 2005 17:46 by Ciaran Hughes ciaran_hughes at yahoo dot co dot uk Caherawoneen, Kinvara, County Galway 087-9652992
'New native sport of the Irish' sez Wag, 'stalling them diggers' A stand-off has been arranged in the saga at Killaghmore, Killconnell. Greenstar has agreed to stop work on the road used by bog owners, land owners and members of the Local Community and are going to meet with concerned community members and their representatives on Friday (tomorrow) at 2 pm. The saga so far is that Greenstar attempted to cut off part of a road and divert the people with rights on this road through land LEASED by Greenstar without even consulting with the local community. Last Tuesday week Brendan Kelly, a local man who uses the right of way to access his organic farmland, found his way blocked by a digger and dumper. He objected and his way was cleared. This Local Man had several such experiences until last Friday when he mounted a permanent vigil and blocked all machines belonging to Greenstar from interfering with his rights. He was threatened with jail and the guards were present several times. On Monday in the presence of the guards and other concerned members of the Local Community he stood in front of a digger and stopped it. His actions were carried out using his rights under Agenda 21 and the Aarhus Convention. Greenstar claim to have an EIA, though Galway County Council say they don’t have an EIA. Greenstar claim to have bought this road but refuse to say from whom they bought it – it is a right of way used by several people. Greenstar claim to have a tree-felling license but refuse to produce it and we know that they are already been investigated by the guards for felling much more trees than their license allows. Greenstar claim to have had public consultation but none of the local community were aware that Greenstar could stop people using a road that they and their ancestors have been using for generations. There are several questions that need to be answered and this concerns everyone in the Country. Can Greenstar do what they like when it comes to the rights of peasant farmers and can Greenstar be trusted to operate any project? Are Greenstar going to be the next Shell?
Finally, I would like to congratulate the Rossport Five for all their efforts. These brave men have given us the courage to fight for our rights and the safety of our community as they fought for theirs.
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Jump To Comment: 20 19 18 17 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1"Its high time the evil double crossing moneygrabbers were publicly exposed. Time to end their free ride on the gravy train of injustice." (From Robyn at http://www.indymedia.ie/article/78369#comment167362 )
Related link: http://www.google.com/search?hl=en&q=Bunreacht%2C+Gover...earch
It has been a long time since i have heard anything of anne-marie in politics, a good, well intentioned individual that spoke out against the wrongs she saw. Not to be petty though but isn't ciaran hughes, her spokesperson it seems, also her brother in law? Her campaign for election was a good attempt but was it merely her fathers failed attempt at running as an independent that forced someone in the family to run again? in 2002 her father Brendan wished to run for the Greens but they turned him down so he ran as an independent, his website can still be found. it is, one must admit, a very clear site with obvious goals and not the usual gibberish. Not to take away from anne-marie but was she merely being forced to run so the family could keep its' foot in the door of politics?
The following extracts - Points 7 to 10 inclusive - are from a review made earlier today:
7) Item (3) under Section 134 of the United Kingdom Criminal Justice Act 1988 reads as follows: "It is immaterial whether the pain or suffering is physical or mental and whether it is caused by an act or an omission." - as can clearly be seen under the side-heading "Torture" at page http://www.opsi.gov.uk/acts/acts1988/Ukpga_19880033_en_12.htm
8) Those who argue that the criminal offence I have been charged with is just a relatively "trivial offence", and that consequently I do not really need the services of a lawyer, or the time, to prepare my defence, speak for themselves only (from my viewpoint). I wish to stress to all concerned that such people, without exception, do NOT speak for me.
9) I do not consider it a trivial matter to be subjected to an attempt to corruptly criminalise me because I wish to challenge the legality of plans to operate two huge rubbish dumps near my home in County Galway: both of which I, and many others who are well informed on the subject, believe to be completely unlawful - on the basis of the objections raised at the following two locations http://www.finnachta.com/BordPleanalaAppeal.htm and http://www.annmariekelly.org/LegalAidApplication/3November2004.htm
10) Neither do I consider it to be a trivial matter for senior public officials to be acting in a manner which very seriously threatens some of the most important heritage sites in the Republic of Ireland - such as (for example) those referred to at the following 3 addresses: http://www.kingollamhfodhla.com/ , http://www.finnachta.com/Hotmail22Sept2004/KnocknadalaN6.htm , and http://homepage.tinet.ie/~williamfinnerty/chaplefinnerty/esker/riada1.htm
Please note that the extremely unusual Esker Riada heritage site at Grange (which is very close to my home in County Galway), and the only one of its kind in the whole world that I know of, was completely destroyed in April 2001 - as can be seen in the photographs at http://homepage.tinet.ie/~williamfinnerty/grange.htm
As I may have already explained to you, the "Hill of Tara" set of heritage sites referred to at the http://www.kingollamhfodhla.com/ site is very strongly associated with King Ollamh Fodhla (1317 - 1277 BC) of Brehon Law fame, who was the father of King Finnachta (1277 - 1257 BC); and, that the Celtic word "Finnachta" is the origin of the anglicised version of my family name (Finnerty). Further information on this piece of historical information, taken from the "The Annals Of Ireland by the Four Masters" (written in Donegal between AD 1632 and 1636), can be seen at http://homepage.eircom.net/~williamfinnerty/name/annals.htm
With reference to the protection of ancient heritage sites, and provided my memory serves me right, I believe it may also be worth pointing out at this stage that Minister for Justice Michael McDowell TD is actually on record (i.e. in the media reports of recent months) as saying he will not be deterred by "guff relating to fairy-forts".
The full text of today's review, which contains 16 points in total, can be seen at:
http://www.constitutionofireland.com/GerardMadden27January2006/Email.htm
The full address list, which includes several lawyers, can also be seen at the Internet address immediately above.
The Amnesty International text below has been taken from their page at:
http://www.amnesty.org.uk/torture/cat.shtml
=========================================
WHAT IS THE DIFFERENCE BETWEEN SIGNING AND RATIFYING A CONVENTION?
If a state (country) has signed a convention or treaty, it has declared that it agrees with the principles included in the convention or treaty and that it will not do anything to undermine it.
If a state (country) has ratified a convention or treaty, it has also agreed to be legally bound by that convention. From then on it is known as "a state party to that convention".
(Amnesty International)
=========================================
With the United Nations international Aarhus Convention Agreement in mind, which the Republic of Ireland SIGNED on 25 June 1998, but never ratified (see http://www.unece.org/env/pp/ctreaty.htm for details), where does all this leave the Republic of Ireland Government in regard to the National Toll Roads / Greenstar SuperDump at Kilconnell (in County Galway)? - and a whole string of other environmental issues including, for example, alterations (i.e. "Amendments") made to the Waste Management Act and the National Monuments Act since June 25th 1998 ?
Background information on the planning permission basics for the Kilconnell rubbish dump, which not only undermined the international Aarhus Convention Agreement, but made smithereens out of it as well, thanks to all the extremely tight cooperation between Local and Central Government, National Toll Roads, the Legal Profession, the so called "Opposition Parties", and the "Traditional Media", have been outlined at the following address:
http://www.annmariekelly.org/LegalAidApplication/3November2004.htm
The basics of the international Aarhus Convention Agreement (part of "United Nations Agenda 21" or "21st Century Agenda") can be seen at:
http://www.finnachta.com/TheAarhusConvention.htm
It's small wonder that so many are doing so much for so long to keep the general public in the dark regarding Ireland's signing of the Aarhus Convention Agreement in 1998? - which, amazingly, has still to "be laid before Dail Eireann" - as required by Article 29.5.1 of Bunreacht na hEireann (the Constitution of Ireland). Almost 8 years on, and there is still no sign at all of any stir in that direction ???
Display absolute and total contempt for the undertakings involved in the signing of the United Nations Aarhus Convention Agreement (after billions of EU subsidy money has been secured/conned as a result of signing up for it), violate the Constitution of Ireland, alter the law in ways which are repugnant to the Constitution, betray the State, betray the citizens of the State, betray themselves: all "for a few dollars more" - and another very cosy term in office? - "serving the public" of course.
In connection with criminal matters relating to public officials in the Republic of Ireland, the destruction of the ancient heritage site in the photograph above has been brought to the attention of the Northern Ireland Criminal Justice Minister David Hanson MP.
Further information at:
http://www.constitutionofireland.com/NorthernIrelandCriminalJusticeMinisterDavidHanson/9December2005Letter.htm
I am sure Ms.Kelly can speak for herself if she had the courage to fight an election. This wire is about supporting those who need support in every way that it can be given, not about attacking them. Fair- play to all these people who have nothing better to do with their time than nit- pick at what other people are writing. I do think she needs to comment though instead of other people commenting on her behalf. Let every man and woman spek for themselves!
Every best wish to everyone involved with this site.
greenstar believe they have won the battle but the war is far from over. People in Kilconnell are still fighting and we will continue to do so. Some people can not be bought. The war is far from over.
When Greenstar destroyed the ancient monument photographed above, did they do so lawfully or unlawfully?
Does anybody know?
The legal situation (in part) relating to "injury to national monuments" reads as follws:
>>>
5.—The Principal Act is amended by substituting the following sections for section 14:
‘‘14. Prohibition of injury to national monuments, etc.
(1) In respect of a national monument of which the Minister or a local authority are the owners or the guardians or in respect of which a preservation order is in force, it shall not be lawful for any person to do any of the following things in relation to such national monument:
(a) to demolish or remove it wholly or in part or to disfigure, deface, alter, or in any manner injure or interfere with it, or
(b) to excavate, dig, plough or otherwise disturb the ground within, around, or in proximity to it, or
(c) to renovate or restore it, or
(d) to sell it or any part of it for exportation or to export it or any part of it, without the consent referred to in subsection (2) of this section or otherwise than in accordance with such consent.
>>>
The above legal text has been copied from:
http://www.bailii.org/ie/legis/num_act/2004/22.html#5
Criticism of waste services probe
12 October 2005 09:44
The Competition Authority has been criticised over an investigation of household waste collection services, which it found to be not working well for consumers and in need of reform.
Waste collection companies in the private sector accuse local authorities of operating the waste management system unfairly.
The Irish Waste Management Association says the Authority should have tackled this and other issues.
The Authority initiated its investigation following allegations that waste firm Greenstar was charging excessive prices for household collections in north-east Co Wicklow.
The competition watchdog concluded yesterday there had been no breaches of the law, but found that Greenstar was in a dominant position as it was the only operator in the area.
The Authority said a lack of competition in the service was not working well for consumers and recommended that the Minister for the Environment reform it.
However, the group representing private waste collectors accused the Authority of failing to tackle the conflict of interest of local authorities, which it said were providing waste management services while also dictating the regulation of their private competitors.
The IWMA said this unfair competition was compounded by city and county councils maintaining a near monopoly interest in landfills from which they garnered €800m a year in profits from business customers.
People who destructively criticize other peoples' efforts from behind a curtain of anonymity cannot be described as decent people.
Their negative comments are much more a reflection on them than on those they attack.
Dear Horse,
Firstly, have the common decency to tell us your real name, and quit hiding behind an anonymity..
Secondly, I agree that the biggest contribution was from the increase in support for Sinn Fein. But let me tell you the story of the day of the count, which I attended, and counted for both Ann Marie Kelly and Dermot Connolly, and on the recount the following day, I counted for just Dermot connolly. I am no Sinn Feiner, by any stretch of the imagination, but would support any left wing candidate that had a chance of taking a seat from the FF/FG hold on the Ballinasloe/East Galway region.
After all the initial spoilt votes were decided on, each candidate got to argue on whether they should be considered spoilt votes. Brendan Kelly (in the knowledge that Ann Marie wasn't going to be elected, and that a left-wing candidate was required) argued for Ann Marie, Daith O'Healaithe argued for Dermot Connolly. Both supported each other, and 17 of Dermot Connolly's spoilt votes were recast as acceptable. Everybody else got two or three, perhaps four, votes accepted.
Secondly, Ann Marie Kelly actively supported the Sinn Fein candidate during her campaign, and asked people to give Dermot Connolly number 2. Yes she got 250 votes, the first to be knocked out, but sixty of her number 2s went to Dermot Connolly. Many more who voted for her voted for her alone, and didn't give any number twos. The rest were about evenly divided between the other candidates.
So by how many votes was Dermot Connolly elected? Wasn't it eleven or twelve? Isn't that why there was a recount? You cannot say that Ann Marie Kelly did not contribute to the election of Dermot Connolly, and thus the removal from power of the FF councillor.
I don't know who you are, but I am guessing from your knowledge of the Ballinasloe election that you are a Sinn Feiner. I am asking you to stop your campaign against Ann Marie Kelly.
Regards
Ciaran Hughes
I shall avoid any prolixity by stating the exclamation: pay the bin charges you miserable freeloading middle class stains!
Best wishes to all in the Kilconnell area.
A group of Oireachtas Members, which included Prime Minister Ahern TD and the main Opposition Leaders, were invited yesterday to debate certain "government & legal abuse" issues - which in large part involve the rubbish dump situation at Kilconnell.
Full details at:
http://www.constitutionofireland.com/OireachtasMembers7October2005/Email.htm
The removal of the decision making power from elected representatives was a desperately needed move, if it hadn't been done, we'd be wading through piles of refuse all over the place, they are all with a few exceptions, a shower of feckers (thats not to say that many of the countymanagers aren't as bad). I don't support any development that threatens our environment, but we desperately need all the facilities outlined in the CWMP, including a thermal treatment facility, to deal with the volume of waste that we, as a society, are producing. I mean this in the short term (10years or so), as I would hope in the long term that we see the error of our ways and turn to a more sustainable, equal society. At the moment, We seem happy enough to consume and accept capitalism, until it affects our own backyards. The bigger picture shows us that until we change the system under which we live, there will be bother, bother,bother, because capitalism, and the associated promotion of consumption, is the real evil. What do we do with the waste we are producing if we don't have the proper facilities? Burn it in our backyards, chuck it in the bog? Any waste management facility, wheter it be a landfill, thermal treatment facility(not going to call it an incinerator cos that just gets people going, doh, just did it) or recycling facility, is going to have local opposition as it is seen to devalue property, have associated problems like smell, litter, vermin etc. Although most of these are non-issues at modern engineered facilities.
So what do we do? Have a zero waste society? Great idea, actually the best idea, but that is not going to happen in the next couple of years is it? We need top class facilities to ensure that waste we are producing now is treated properly and doesn't cause any harm to our already heavily damaged environment. I say fair play to the Rossport 5 for sticking to their guns but that was a safety issue. I admit I don't know that much about this particular situation, and I'm not being an apologist for Greenstar, but jaysus, what are we like??
"Despite this, Ann Marie ploughed ahead with her campaign, and (in my opinion) because she was a young girl who was running for the first time, she wasn't elected, though her votes contributed to the removal of a Fianna Fail councillor."
She came fourteenth of fourteen. She got 2.08% of the vote. I think the increase of 800 votes by the SF candidate was the real contribution to the removal of the FF councillor
Vincent,
Agenda 21 has been passed off in Ireland as a means by which community recycling centres, etc., can be set up. I don't want to detract from community facilities, but it is never put across as the very powerful piece of environmental legislation that it is. It gives us the right, nay the duty, to stand in front of the diggers that are at the front of illegal developments.
It is the men and women involved with the Rossport 5, the Shell to Sea campaign and the Tara/M3 campaigns that give us the courage to do what we do. It is to these people that I say fair play. Without them, we would be nothing. "...If I have seen further it is by standing on the shoulders of Giants..."
You'd want to see the submission An Taisce made on the superdump! Didn't mention native woods, conifer woods, archaeological remains, aquifers, waterways, etc. etc. I understand what An Taisce are trying to do, but unfortunately all they are doing is giving credibility to a corrupt process by making such weak submissions about something they know nothing about.
Anthony, Thanks for the kind words. Hope to see you there.
All best
Ciaran
This is just part of the saga....
In 2004, Brendan Kelly's daughter, Ann Marie, ran in the local elections with a purpose - to challenge the constitutionality of the Connaught Waste Management Plan. She felt that the removal of the power from the Locally Elected Representatives (i.e. the Councillors) to have input into decisions made regarding waste facilities was a breach of Article 28A of the Irish Constitution. (http://www.woodlandleague.org/documents/irish_constitution.pdf).
Lawyers that she approached on the subject were pretty much divided - some said she had a very strong case, some said she had no case. Despite this, Ann Marie ploughed ahead with her campaign, and (in my opinion) because she was a young girl who was running for the first time, she wasn't elected, though her votes contributed to the removal of a Fianna Fail councillor.
Despite this, Ann Marie ploughed on trying to raise funds for her legal campaign. ALL candidates for the local elections in Galway agreed, before the election and on air on Galway Bay FM, that they would help fund the cost of her challenge (which would initially cost just €1600). Once elected, all reneged on their agreement, and she has never received a single contribution from any councillor.
She has received offers of money from Noel Feeley of the Roscommon Environmental Alliance, from Niamh Clune of Wealth fron Waste and from Richard Auler. While greatly appreciated, all were turned down.
The sums offered would have been enough to start her legal campaign, but Ann Marie being an idealist (and there aren't many left, so she should be held in esteem) felt that the councillors should pay to get their own rights back.
Because, after all, it was the councillors that voted to remove their rights under Article 28A of the constitution.
They voted in the Connaught Waste Management Plan.
They voted to remove their rights.
They should pay to get them back.
But of course they don't want that right back. They love being able to say that they have no decision in the location of the detrimental developments, such as superdumps.
She continues to campaign the councillors to fund her challenge.
Fair play to Brendan and Ciaran. Stand your ground. Great to see the Woodland League and others putting Agenda 21 into action, and implementing these laws. An Taisce, who are supposed to be implementing Agenda 21, have failed the Irish people again.
And I encourage anyone with a fleeting interest in getting involved with fellow Irish Citizens against this Governments facilitation of developers and private companies, foreign or otherwise, who have been given licenses to pollute, to steal, to kill and to destroy our natural resources, to come too. These very resources, needed to fuel the vision of true sustainability into the future, a vision which this State has signed up to, but is actively working to destroy, in the most ignorant and arrogant way possible, by reneging on those promises and betraying it's own people.
There's space in Cloverhill now, will Brendan Kelly be the Kilconnell One? Just let them try.
WOODLAND LEAGUE IN SOLIDARITY WITH COMMUNITY AFFECTED BY SUPERDUMP
Andrew St. Ledger, the wood sculptor who created the figure head of the Jeanie Johnston, and also PRO of the Woodland League, will be sculpting a piece of art at the site of Killaghmore Superdump tomorrow (7th October 2005). The piece will represent the link between the community and the native woodland which is being seriously and irreversibly damaged by the development of the dump.
Andrew will be on site in support of Brendan Kelly (liaison officer of the WLL) and the local community, and will be attempting to reconnect the local people with the native woodland on the site of the dump, and explaining the importance of the native woodland.
Andrew will be on site from 12 noon tomorrow (7th October 2005). The dump is located at Killaghmore, Kilconnell, Co. Galway.
For more info, contact Andrew at 087-9933157 and Brendan at 086-1529176
woodlandleague@yahoo.ie
www.woodlandleague.org
C/o Ciaran Hughes
Caherawoneen
Kinvara
Co. Galway