Oireachtas Joint and Select Committees

Thursday, 9 December 2021

Committee on Public Petitions

Consideration of Public Petitions on Unauthorised Developments

Mr. Michael Barrett:

The case was dismissed by the judge on the grounds of a technicality about the wording of the summons. He did not nullify the enforcement order. As far as I am concerned, the enforcement order is still in place today. Since the case, as far as I can see, having looked up all public records, Westmeath County Council has done nothing about this. Waterways Ireland has done nothing about it. Neither of the two statutory bodies has considered prosecuting under environmental law, which is not subject to a statute of limitations and which is fairly strong. As the committee can see, the whole marina is built in a special protection area and special area of conservation, so I would have thought that environmental law should come into force and that there would be prosecutions under that law.

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