An action by a local man aimed at preventing the construction of the proposed new prison at Thornton Hall in north Co Dublin opened at the High Court yesterday. It was proposed by counsel for the man that the court should refer issues in the case to the European Court of Justice.
Michael Kavanagh, of Kilsallaghan, Co Dublin, claims the new prison will mean about 2,500 people, including prisoners and workers, will be located in a purely agricultural area of Dublin. A grandfather and retired Aer Lingus worker, he has lived beside the proposed site for more than 60 years.
Among his claims is that locating a prison and central mental hospital on an agriculturally zoned rural site, without prior public consultation and without any proper environmental assessment, is incompatible with the State's duties and obligations under EU law.
Yesterday, Martin Giblin SC, for Mr Kavanagh, said the development had begun without an environmental assessment. The State was in breach of EU directives as such an assessment had to be carried out before the development begins, he said.
When Mr Giblin suggested the case was suitable for referral to the European Court of Justice, Mr Justice Thomas Smyth said that would effectively bypass the Supreme Court.
Mr Giblin said the High Court could save time by referring issues at this stage and he believed the Supreme Court would not be offended.
The State denies it is acting in contravention of EU law.
The hearing continues today.