THE Commissioners of Irish Lights have welcomed the High Court judgment in favour of the Loran C radio navigation mast planned for Co Clare. However, the mast's future is still in doubt, pending a court decision on leave to appeal.
Reacting to Friday's judgment, which upheld An Bord Pleanala's support for the project, Mr John McInerney of the Cross Loran C group said he was disappointed but stressed that "the battle is not over yet". The protesters would certainly reserve their right to appeal, if so granted, he said. A decision is to be announced by the High Court on December 19th.
The Minister for the Marine, Mr Barrett, intends to introduce amending legislation empowering the Commissioners of Irish Lights to provide such navigational aids, but is reserving comment on the separate High Court judgment until after December 19th. Under the Local Government (Planning and Development) Act, 1992, a High Court judicial review of a planning appeal decision is final, except where the court certifies that it involves a point of law of exceptional public importance.
The High Court judgment is the second such avenue pursued by the objectors in an attempt to halt erection of the 720 ft mast on the Loop Head peninsula, Co Clare. Under an international agreement, Ireland had committed itself to stationing the mast here as part of a European wide land based civilian navigation network.
The aim of Loran C is to reduce European dependence on the US designed satellite navigation system known as GPS. France and the Netherlands had agreed to contribute 50 per cent and 5 per cent respectively of the cost, and are understood to have paid some £1.5 million to date towards construction.
The separate Supreme Court judgment earlier this year ruled that the Commissioners of Irish Lights, who were contracted by the Department of the Marine to build the mast, had exceeded their powers under the 1894 Merchant Shipping Act. The mast was not a lighthouse, buoy or beacon as defined in the Act, the Supreme Court said.
That ruling affected not only the mast project, but the use of most radio based navigation aids for marine safety around the coastline.
Late last month, the Minister for the Marine told the Dail that the total cost of the delayed Loran C project to date was £2.9 million, of which £1.3 million had been paid by the Exchequer.
Mr Barrett also said that more than 40 potential sites had been inspected and the Loop Head location was chosen as "the most suitable".
