High Court allows leave to challenge building of new prison

A local man has secured leave from the High Court to challenge the construction of a new prison on lands at Thornton, Co Dublin, to replace Mountjoy prison,

Richard Merne, of Dunwater, Newbarn, Kilsallaghan, said he lives about 100m from the boundary of the Thornton site and was himself a local authority engineer.

He is challenging the procedure by the Minister for Justice in selecting the Thornton site, purchased this year for €30 million.

Mr Merne claims the site is unsuitable with inadequate water, sewerage and transport facilities. He also contends the Minister was required under an EC directive to carry out an environmental impact assessment prior to entering into the contract for the site but failed to do so.

He further claims that a "significant discovery" of a prehistoric archaeological site in the area could be adversely affected by any works on the Thornton site.

Separate proceedings are being brought by Mr Merne against the Minister for the Environment to have the site declared a national monument.

Mr Merne, a member of the Kilsallaghan Residents' Heritage Association, said it had commissioned a report as part of a programme for heritage protection under way since 2002.

That report indicated significant finds of a prehistoric archaeological site, together with the existence of a quarry and potential burial site at Thornton Hall and an ancient roadway. This discovery was of such archaeological and historic significance as to constitute a national monument.

He said the Minister for the Environment had been notified of the find on April 5th last, and the Minister for Justice was notified on April 7th last. Both had acknowledged the notifications.

Mr Justice Michael Peart yesterday granted leave to senior counsel Gerard Hogan, for Mr Merne, to bring judicial review proceedings against the Minister for Justice and the State, in which Mr Merne will seek orders and declarations, including an order quashing the decision to purchase the Thornton site. The matter was returned to May 12th.

Mr Merne also has liberty to apply for orders halting works on the site should that situation arise. No works are under way at present.

In his forthcoming proceedings, Mr Merne will argue the Minister had come to a decision on the site in an unfair manner, failed to take into account the selection criteria adopted by his own committee, and failed to assess the suitability of the Thornton site in relation to water supply, sewerage provision, transportation and general accessibility and suitability.

He said there also appeared to be no consideration of the site from an environmental and archaeological perspective.

In addition to the report by the local heritage association, a geophysical survey carried out last March on a ridge of high ground near Kilsallaghan village appeared to indicate an intensive area of settlement activity.

In an affidavit, Mr Merne, said the Minister had announced on January 26th he was locating a new prison on the site. It was also suggested the Central Mental Hospital might be located there.

He said if the project proceeded there was likely to be huge disruption to the local environment and lifestyle.