Delay to Cork incinerator challenge sought

Campaigners opposed to the State's first hazardous waste incinerator want to put their legal challenge to the project on hold until separate proceedings before the European Court of Justice are concluded.

The legal challenge has been initiated by local residents opposed to the planned €75 million incinerator at Ringaskiddy, Co Cork.

Counsel for the residents told the High Court yesterday that their challenge would be profoundly affected by the European Commission's decision to bring a legal action against the State to the European Court of Justice.

The commission's case is based on its formal view that Ireland has failed to properly transpose into Irish law an EC directive relating to the environmental impact assessment of public and private projects, including incinerators and projects affecting important archaeological sites such as the proposed N3 motorway near the Hill of Tara.

Among the grounds on which the Ringaskiddy residents had initially challenged the proposed incinerator development is that the same EC directive was not properly transposed.

The State, however, is opposing the application by the residents to adjourn. The hearing of the adjournment application opened yesterday before Mr Justice Patrick McCarthy at the High Court and continues today.

The State is insisting that the court is bound at this stage by a Supreme Court decision earlier this year rejecting a challenge by a Co Meath man, Eric Martin, to the development of an incinerator in Co Meath.

In this case the Supreme Court dismissed claims that the EIA directive was not properly transposed. The Supreme Court had also refused Mr Martin's request to refer to the European Court of Justice the issue of whether the directive was properly transposed.

If the European Court of Justice decides the directive was not properly given effect to, then that decision effectively nullifies the Supreme Court decision as European law takes precedence over domestic law, Michael Collins SC, for the residents, said yesterday.

In those circumstances, he asked the judge to adjourn the two sets of proceedings challenging the incinerator development until the European Court of Justice gave its decision.

The court was due yesterday to begin hearing a judicial review challenge by several local people to the incinerator development.

That action is against An Bord Pleanála and the State and arises from the board's decision on January 15th, 2004 to grant permission to Indaver NV, trading as Indaver Ireland, to construct the development.

In the second proceedings, the Ringaskiddy and District Residents Association is seeking leave from the court to bring proceedings against the Environmental Protection Agency and the State arising from that agency's decision to grant a waste licence for the development.

Earlier hearings were told that more than 20,000 people were opposing the incinerator development, which is intended to handle up to 100,000 tonnes of hazardous and non-hazardous industrial and commercial waste annually.

Mr Collins said his side had learned only last week from an Irish Times report that the European Commission had last June delivered a reasoned opinion outlining its view that Ireland was in breach of Directive 85/337 EEC as amended relating to the issuing of development consents for projects such as incinerators.

The commission took the view that the State was in breach because the system which it had established when considering such projects did not provide for an "integrated" assessment.

Mary Carolan
The Irish Times

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