LATEST NEWS…..

South Dublin County Council have moved the travelling family into the "Emergency" temporary halting Site on the 4th April 2002. Members of Foxborough Concerned Residents Group have met with the travelling family involved and we are appalled with the conditions that SDCC have left this site in. That evening there were NO toilet facilities, no electricity, no wheelie bins, no washing facilities, a sparce number of fresh water taps for drinking water, one of which was leaking badly.

While the "Emergency" Site we are protesting about still remains a major development in SDCC's plans, we also now show the General Public and especially the residents of Foxborough / Foxdene, who are adversely affected by it, the latest plans of SDCC for our area.

Note:

1. Existing "Temporary" Halting Site in Lynch's Lane is to be demolished and rebuilt TWICE its original size, as a Permanent Halting Site. (This site is only 300 metres up Lynch's Lane.)
2. Residents currently residing in the Temporary site are to be moved into ANOTHER "Temporary" Halting site beside Foxborough until the new Permanent site is completed.
3. The original family who objected to moving into the "Emergency" Site behind us are to remain insitu, on the Balgaddy Road, hence another "Emergency" Site.
4. Yet ANOTHER "Emergency Site has been built on the Fonthill Road, beside Foxdene.

We again remind people that Foxborough Concerned Residents Group are fiercely opposed to faceless, un-elected officials in SDCC deciding under current legislation that we have no choice as to where SDCC place these halting sites.

Mick Fagan was recently quoted in an article in the Irish Times (5/3/02) He says

"By and large, the settled and the Traveller communities hold one and other in mutual fear and loathing"

Surely with this statement in mind, the fact that Mick Fagan has been instrumental in building this site within feet of our homes, along with these latest developments, shows pure contempt for both the settled community and the travelling community, and that sort of attitude from a council official representing South Dublin County Council, infuriates the members of FCRG and gets their backs up, which in turn generates complete mistrust between the general public and South Dublin County Council.

These "Emergency" Sites and the new developments by SDCC are outright infringements on all our civil rights, and our constitutional rights as citizens of Ireland.

FCRG ask, Where are our TD's Now, who were elected to represent us. Where do the Government stand, the Government who introduced this Legislation and who have given these same faceless UNELECTED officials seemly absolute power.

SDCC started building one "Emergency" Site, without due consideration of the consultation process, and we remind you that the original "Emergency" Site is almost as big a two football pitches – built only eighteen feet from peoples back gardens.

Now, suddenly, we have FOUR "Emergency" Sites plus a Permanent Site all within two mile radius.

We look to Glenview Estate and the "Emergency" halting Site, built there with all the same promises that SDCC are making to residents of Foxborough now. The exact same promises made to them a little over a year ago. These people cannot leave their homes for fear of being burgled, they cannot open windows during summer cause of noxious fumes coming from fires in the "Emergency" Site.

We urge everyone to contact their local TD, Foxborough is a large area, these same TD's will be looking for votes in a couple of months, FCRG remind you that we MUST work together and act NOW.

Foxborough Concerned Residents Group have written to the County Manager with requests for legal undertaking that this halting site is to be demolished in 18 months to 2 years, and we have also requested a copy of the file relating to the building of this "Emergency" Temporary Halting Site under the Freedom of Information Act.

Foxborough Residents Association are holding an EGM the 9th or 10th of April 2002, venue and time are yet to be decided. We would encourage everyone to attend.


Residents of Foxborough Estate have never received any formal/official notification of the building of this Halting Site from South Dublin County Council's County Manager. This Halting Site is now completed. We feel that this is totally unacceptable.

This Halting Site was built under "Emergency" powers of the County Manager of South Dublin County Council. After much research we found the following definition of this "Emergency Situation"

DEFINITION OF "EMERGENCY SITUATION"

Such "emergency situation" is defined in Section 2 (10) of the City and County Management (Amendment) Act 1955 (inserted by Section 27 of the Housing Act 1988) as being "deemed to exist where, in the opinion of the Manager, the works concerned are urgent and necessary (having regard to personal health, public health and safety considerations) in order to provide a reasonable standard of accommodation for any person".

Foxborough Concerned Residents Group challenge South Dublin County Council in calling this situation an "Emergency"

We refer to a case heard in The High Court by Judge Barron in 1995.

Taken from the first and last paragraph from this judgement.

Between Mongan and another Plaintiffs
And
South Dublin County Council
Defendant

1995 No 124 JR

[31st July 1995]

BARRON J:
The Applicants have been served with notices under Section 10(1) of the Housing Miscellaneous Provisions Act, 1992 directing them to move their caravans to Lynch's Lane Halting Site, Clondalkin. The Applicants are members of the traveller community and these proceedings are brought by them seeking various reliefs on the ground that they should not be required to move their caravans as directed by the notices. They seek various declarations. In the main what they seek is a declaration that the Respondent Council has a statutory duty to provide accommodation for travellers in their functional area. They seek a declaration that a temporary halting site is not sufficient performance of that duty and they further say that the site itself is inadequate and it is too large. They also seek an injunction requiring the Respondents to assess the needs of the Applicants and to take steps to ensure that the particular needs of the Applicants are met.

"There is no such immediate emergency here because unfortunately the situation has been known for a long time."