Minister for Justice Michael McDowell will press ahead with the development of a new prison in north Co Dublin despite a decision by Fingal County Council members not to support the plan.
A motion passed by council members on Monday night said it would not facilitate the development of the prison, located on some 150 acres at Thornton Hall, Kilsallaghan, north Dublin.
Councillors also voted to place Thornton Hall, a mid-19th-century house on the east of the site, on the record of protected structures. This move has the support of the Department of the Environment.
However, a spokeswoman for Mr McDowell said Fingal county manager John Tierney had said he would abide by the law which exempts prisons from normal planning permission requirements.
"We're pressing ahead. It [the decision) doesn't really make any difference either way," she told The Irish Times. "There are some 150 acres on the site. It suits us just fine to retain the hall."
The Government does not need planning permission from the council to build the prison. However, it has been suggested the council could refuse to co-operate on building new roads and other infrastructure.
Local residents yesterday welcomed the council vote. Nessa Shevlin, spokeswoman for the Rolestown St Margaret's Action Group, said it proved that Thornton Hall was the wrong site.
"We are delighted with this action by Fingal County Council. Yet again the Minister is being told that Thornton Hall is not a suitable site for this development."
She added: "This community and its environment face decimation if this unsustainable development goes ahead.
"Paying €30 million for a site does not make it suitable. Throwing more and more money at it will still not make it suitable."