Statement by An Taisce The National Trust for Ireland on settling three Judicial Reviews of permissions associated with the Corrib Gas Pipeline
27th October 2011
An Taisce maintains its position that the manner in which the Corrib Gas Development Project has been consented to and constructed is a travesty of European Environmental Law. That is why we initiated these proceedings.
Rather than pursue these cases in open court, the State proposed a settlement to An Taisce. For those of you who have fought for so long and so hard for vindication in relation to the manner in which this development has proceeded; this is your victory.
At the heart of this settlement is a commitment from the Government to complete outstanding legislative transposition and to engage directly with An Taisce to address compliance with European Environmental Law. The critical objective for An Taisce – is to ensure what happened in the Corrib project – can never happen again. This is an opportunity to engage to do just that. An Taisce will continue to do everything it can to make sure the vulnerabilities in the Irish legislation are addressed. We will continue our fight to ensure that decision-making and enforcement processes effectively implement the protections afforded the environment under European Environmental Law.
This case was about breaking bad precedents. By settling this case, we achieved with greater certainty the opportunity for good precedents, and greater protection for Ireland's natural and built heritage, which is An Taisce's mission. An Taisce has always made it clear that we are not against the proper development of the Corrib Field – the issue for us is that development must be done in accordance with the law.
Had these cases continued and had we won, An Taisce believes further litigation to the Supreme Court would have followed, and if necessary further planning applications. Today, the State has settled this case, rather than continue to defend it. That is a singular concrete acknowledgement of our grievances in respect of this development, no matter how they may continue to assert the validity of the challenged consents, or justify what they did today.
We have seized the opportunity to work with the State to do what we set out to do – to make sure all development is done in accordance with the law. This is a victory for the environment. An Taisce moves forward positively and in good faith with Government to deliver support to them in their role to effectively implement Environmental Law.
The most incredible debt of gratitude must be acknowledged to An Taisce's legal team: Marilyn McNicholas & Co, James Devlin SC, Colm McEoicaidh SC, and Oisin Collins BL, whose expertise, outstanding commitment, and personal and professional sacrifice, delivered this victory.
To all of you who supported us in getting to here – we thank-you and trust you are satisfied with your vindication.
Charles Stanley Smith
Chair
An Taisce
The National Trust for Ireland