Sir, - On August 2nd, 1999, the High Court ruled that if Dublin Corporation were to proceed with its proposal to erect the "Spike" on O'Connell Street an Environmental Impact Statement (EIS) would have to be produced and that the Minister for the Environment, Mr Dempsey, would decide, after public consultation, whether or not to allow the erection of the "Spike" on O'Connell Street.
The EIS has been produced. It is a flawed EIS. It is also in breach of the European Commission's directive governing an EIS, which makes it clear that both positive and negative aspects of a proposed planning project must be identified so that the decision-maker (the Minister and the public) can arrive at a conclusion based on adequate material. The EIS stipulates only positive aspects of the "Spike". No proper public consultation took place. Dublin Corporation charged £55 for a copy of the full EIS. It could have been made available for a fraction of that cost. Furthermore, this EIS was not generally available; it was available only from the offices of Dublin Corporation during its working hours.
Mr Dempsey has made a decision to allow the erection of the "Spike" on foot of a flawed EIS which is in breach of the European Commission's directive governing an EIS. I have made an appropriate complaint to the European Commission which is fully documented. My complaint has been acknowledged. I await developments.
What is of immediate concern to the public is that if the erection of this monument proceeds, a potential hazard to life and limb will be put in place for all who traverse O'Connell Street. The tip-top of the "Spike" will be made of glass. I do not know of any structure which uses glass at its apex at such a height and in a public place. At the top of the "Spike" there will be a glass cylinder measuring 19-1/2 inches by 4 inches diameter. There is no guarantee that this glass will not shatter - a billion-volt lightning bolt is not a feather duster. Glass falling from this height could kill. No mention whatsoever is made in the EIS of this possible hazard.
O'Connell Street is in the Taoiseach's constituency and his silence on this matter is thunderous. The public is entitled to be fully informed concerning this potential hazard. - Yours, etc.,
Micheal O Nuallain, Monkstown, Co Dublin.