ROSSPORT Solidarity Camp temporarily thwarted Mayo Co. Council’s attempt to secure a permanent injunction at Castlebar Circuit Court on July 23. Judge Harvey Kenny adjourned the case to July 31 to give members of the camp time to seek legal advice. Mayo County Council was refused an interlocutory injunction against the camp but an interim order was upheld. The council has undertaken to not to act on this order while the case is adjourned.
Earlier members of the Rossport Solidarity Camp and several local supporters arrived at Castlebar Circuit Court on foot of a Court Order issued by Judge Donagh McDonagh on July 20. This order cited Rossport Solidarity Camp was an unauthorised development in a Candidate Area of Special Conservation.

Eoin Ó Leidhin was the only one of the three people named on the court order present at the hearing. Mayo Co. Council was granted an application to have Niall Harnett added as an extra respondent/defendant to the injunction when he submitted a statement representing the camp’s position. Judge Harvey Kenny put the case back to the afternoon so that members of the camp could consult with the Co. Council representatives and their solicitor Michael Browne.

When the court reconvened, John Kiely JC, outline the councils case. John Kiely stated that the camp has caused “irreparable damage” at the site and that the camp was “an unauthorised development” contrary to the 26-County Planning Act of 2000 section 160. He informed the court that the council’s decision to act was due to a report from Karen Gaynor of the National Parks & Wildlife Service (NPWS) and not because of “greater and better” issues regarding the camps participation in the Shell to Sea Campaign.

Niall Harnett, who represented the Solidarity Camp, disputed the council’s claims of irreparable damage and that authorisation of the site was “implicit in the communication and co-operation between the camp and the NPWS”. Niall Harnett told the court that the camp had carried out the recommendations set out by the service. Niall Harnett referred to an independent impact statement that was included in a statement that he had earlier handed up to the Judge. This report by, Bob Wilson, a director of Celt – Centre for Environment Living & Training and the Clare Biodiversity group stated that he is confident that the vegetation would soon take hold again.

Taking issue with the urgency of the council’s action Niall Harnett told the court that the camp had just received the papers on July 20 and that the camp had not time to seek legal advice. He pointed out that the council stated that they had expected large numbers to attend the camp at the weekend but numbers were relatively small at the camp over the weekend.

In his argument Niall Harnett told the court that the camp had not been consulted or warned about the councils intent to seek a court order. He said, “that although Agenda 21 had not been ratified in law… it is council policy” and that consultation is a principle of Agenda 21. Niall Harnett also stated that the council’s solicitor Michael Browne had accepted that short notice was given. Niall Harnett then told the court that the order was inappropriate.

Niall Harnett requested to read his statement in to evidence for the court but the judge told him that the important points were made and that it may take some time to read.

Niall Harnett accepted that the site did not have planning permission but told the court “it is a genuine claim that we didn’t know” that the camp “was not an authorised development”.

Judge Kenny suggested that there was no getting over the planning permission barrier. In an act of goodwill Niall Harnett invited Judge Kenny to visit the camp.

Niall Harnett concluded that the “balance of harm was a test for any injunction” and that the harm to those living on the camp and would be greater.

 Judge Hugh Kenny agreed that short notice was given. Judge Kenny stated, “that they were entitled to some breathing space” but would not concede to Niall Harnett’s request to put the case back to after the courts summer break. Before he rose Judge Hugh Kenny ensured that the council undertook not to act on the interim court order before the next court sitting. He adjourned the case to July 31.