Since 1981, the Burren Action Group has opposed plans for an interpretative centre a Mullaghmore. Our campaign has been based on two principles:
The enclosed documentation shows that the appalling waste of public money which is now at issue was caused by obduracy at political and civil service level. Please take time to read it carefully. It shows that on December 3rd 1992, Mr. Justice O'Hanlon said that "a fair question" had been asked by BAG and he set down the matter for trial. That same afternoon, having read Mr. Justice O'Hanlon's text, the then Minister, Mr. Noel Treacy T.D. placed the contract for the main building at Mullaghmore worth about £2 million.
As is well known, the O.P.W. lost that case. Could the minister have foreseen such an outcome? Our legal opinion told us prior to the trial that we could win; surely the Attorney-General told the minister and the O.P.W. that they could lose? A previous minister at the O.P.W., Mr. Brendan Daly, is quoted in the Sunday Independent 14/2/93 as saying that "the weakness of the legislation highlighted by Mr, Justice Costello had been known for some time and such doubts prompted the Shannon Navigation and Blasket Islands bill 1989". What is abundantly clear is that, on the day the contract was placed, it was known within the O.P.W., the Minister's office and the Attorney-General's office that our legal challenge had a strong chance of succeeding. The E.U. request for a refund must be seen as a reaction to this obduracy.
All this is behind us now - any attempt to defend the waste of money by further spending at Mullaghmore would be futile. The errors of the past should be recognised so that all parties can look forward and address the development needs of the Burren. We continue to support proposals for the provision of visitor services that are sustainable and of benefit to the local people at Corofin, Kilfenora or other villages. Furthermore, we genuinely wish to unite with anyone interested in securing government funding for sustainable developments which can benefit the people and environment of the Burren.
Contact:
Emer Colleran 091-794359 (h) 091-524411 (w)
Michael Miller 095-88187 (h)
Joe Saunders 087-502550
In August 1992, the Burren Action Group's solicitor asked the O.P.W. by what legal authority did they intend to build at Mullaghmore. Having received no response, an application for judicial review was made.
On December 3rd 1992, Mr, Justice O'Hanlon granted leave for judicial review and set the trial date for January 28th 1993 - seven weeks later. The judge ruled that the Burren Action Group had asked "a fair question" which must be answered, and which could raise "an appalling vista". On that same afternoon, after readings Justice O'Hanlons text, the Minister for the O.P.W., Noel Treacy T.D. directed the placing of the main contract for the building of the centre at Mullaghmore. (See following letter).
At that time, no government was in place: Fianna Fail were acting in a caretaker capacity without a dail majority, it was likely that a new government would not support the Mullaghmore project end its legality would be determined within two months. Despite the circumstances, almost £2 million of public money was gambled recklessly to beat the deadline of the High Court and a new government.
Re: The High Court, 1992 No. 311JR - James Howard and Others -v- The Commissioners of Public Works in Ireland
Dear Sirs,
I refer to your letter dated 3rd December, 1992 in relation to the above.
I wish to advise that our Minister Noel Treacy, T.D., having considered the Judgement of Mr. Justice O'Hanlon in regard to your clients' application for Interlocutory Relief, directed that the main contract be placed for the erection of the Burren National Park visitor centre. The contract was placed yesterday with Messrs Michael Lynch Ltd., building and Civil Engineering Contractors, Clare road, Ennis, Co. Clare.
Yours sincerely
Tony McCullagh
National Parks and Wildlife Service
4th December 1992