Prison site gets go-ahead as challenge withdrawn

Works in relation to the development of a new prison complex on lands at Thornton, Co Dublin, can continue on an unrestricted basis after a local man yesterday withdrew his High Court challenge to the development.

Under terms agreed with the State, Richard Merne is to make a contribution, described by State sources as "substantial", to the legal costs in meeting his case.

However, while withdrawing his proceedings yesterday, Mr Merne of Dunwater, Newbarn, Kilsallaghan, Co Dublin, stressed he was doing so without prejudice to his claim the State must have a proper Environmental Impact Assessment (EIA) carried out in relation to the site at Thornton. If that was not done, he would bring a fresh case.

Mr Merne said he had withdrawn the present proceedings in light of an issue regarding a major aspect of his case. That issue was whether he had made a premature claim that the State had not complied with an EIA.

A local authority engineer, Mr Merne had initiated his proceedings in April 2004 and they have been before the courts via several procedural applications since.

The full hearing of the action was due to open yesterday before Mr Justice Thomas Smyth but, after talks between the sides, Mr Ian Finlay SC, for Mr Merne, told the judge in the afternoon the matter had been resolved on terms involving the proceedings being withdrawn on the basis of a contribution to the State's costs by Mr Merne.

The resolution of the case was also on the basis of the State withdrawing "clarifications" given to the court on December 15th to the effect that no works involving heavy machinery on certain areas of the site would be done. Those clarifications no longer applied, the judge was told.

Mr Merne had expressed concerns in earlier hearings that any works being carried out in specific areas of the proposed prison site might damage a potential national monument, and it was in that context that the "clarifications" were given.

Outside court yesterday, Mr Jim Mitchell of the Prison Service said all issues before the court had been withdrawn by Mr Merne on terms agreed with the Minister for Justice, which terms included Mr Merne contributing to the State's costs.

In his proceedings, Mr Merne had challenged the procedure adopted by the Minister for Justice in selecting the Thornton site, purchased early last year for some €30 million. Mr Merne claimed the site was unsuitable with inadequate water, sewage and transport facilities.

He also argued the Minister was required under an EC directive to carry out an EIA prior to entering into the contract for the site but failed to do so. He claimed a "significant discovery" of a prehistoric archaeological site could be adversely affected.