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Carrickmines Castle
From Wikipedia, the free encyclopedia
Carrickmines Castle is a controversial archaeological site in County Dublin, in eastern Ireland. The castle was built in the medieval period to protect the English-ruled Pale around Dublin. The ruins of the castle have been the subject of a long running dispute since the M50 motorway was designed to run through the site of the castle. Preservationists, including historians and archaeologists, have argued that the site's potential for historical study has not been fully realised. In 2002–2003, young activists who called themselves the "Carrickminders" camped out on the castle's ruins to prevent it being demolished to make way for the motorway.
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Carrickmines Castle was the site of an Hiberno-Norse settlement which during the 12th century became a fortified Norman castle and village, on the frontier between Dublin and Wicklow, Ireland. Guarding the southern plains, this fortress was once a central medallion in the necklace of the Norman castles and outposts dotted along the outskirts of The Pale — the area around Dublin under English rule during the medieval period.
As a major fortress, it had an extensive curtain wall flanked by towers protecting an area of some acres. Within this was settlement with a variety of wooden and stone buildings, mills, and a keep or hall house in the centre. The site still contains impressive defences, hewn into bedrock, and human remains from when the castle was overwhelmed in 1642.
In the Irish Rebellion of 1641, the Catholic Walshs who owned the Castle sided with the native Irish and the Confederate attempt to create the first independent Irish parliament. They paid dearly — as a focus of the Irish Confederate Wars, the Castle was besieged by English forces, and when it was retaken over 300 of the Walsh, O'Byrne, and O'Tooles were massacred.
One third of the site was recently destroyed during the completion of M50 motorway extension. However the junction, which had been the real focus of conservationists' ire, was also subsequently completed — decimating the remainder of site in the process. It had been argued the junction was unnecessary and it design was inspired to facilitate an off-shore land speculation company, Jackson Way, which would have been land-locked without this point of access. This was documented in the council minutes of the local authority when the Jackson Way lands were rezoned in 1997.
These rezoned lands have since been confiscated by the Criminal Assets Bureau (CAB).
On July 26, 2006, the Criminal Assets Bureau successfully obtained a High Court order freezing land assets of 107 acres at Carrickmines, County Dublin owned by Jackson Way Properties Ltd and preventing their sale. The CAB contended that these lands had been rezoned on December 16, 1997 by Dún Laoghaire-Rathdown County Council from agricultural to industrial after Frank Dunlop bribed and made corrupt payments to councillors to secure their support in the rezoning vote. That vote increased the value of just 17 acres of the property from €8 million to €61 million. The CAB interviewed and took statements from Frank Dunlop for use as a witness against a number of property developers.
The lands in question have been the subject of investigation by The Mahon Tribunal in 2003 and 2004.
The Supreme Court according to The Irish Times on July 26, 2006[1] unanimously upheld the constitutionality of controversial new laws enacted to achieve the speedy completion of the South Eastern motorway, which had been delayed by legal challenges aimed at protecting the Carrickmines Castle site.
While noting that the new legislation — S 8 of the National Monuments (Amendment) Act 2004 — "removes a bundle of protections" from national monuments, the five-judge court found the Oireachtas is not prohibited under the Constitution of Ireland from enacting such laws.
The Court found that in issuing directions, the Minister for the Environment, Heritage & Local Government was entitled to balance the benefits of archaeological preservation against the wider public interest that would accrue as a result of the road development.
Section 8 effectively provided that the works affecting the Carrickmines Castle site were to be carried out on the Minister's directions. Provided the Minister exercised his discretion under section 8 in a constitutional manner, he could give such directions as he thought fit, the Court found.
This effectively means that the works at Carrickmines Castle are no longer to be regulated under the National Monuments Acts, the court said. Carrickmines Castle, it noted, was accepted as being a national monument and the road works would mean a large part of a moat discovered at the site would cease to exist.
Under section 8, Dún Laoghaire-Rathdown County Council, as landowner, did not need consent from any statutory body for undertaking the works and Oireachtas approval was not necessary. There was also no requirement to obtain a licence under the 1930 National Monuments Act and An Bord Pleanála was precluded from considering whether proposed works were likely to have a significant effect on the environment and from directing an environmental impact statement.
There was "only the requirement that the works be carried out on the directions of the minister", the court said. It rejected claims that those directions — issued by the Minister, Dick Roche, in August, 2004 — breached provisions of European Commission environmental directives and were therefore null and void.
The Supreme Court was delivering its judgment on an appeal against the High Court's rejection in September 2004 of a challenge by Dominic Dunne, Collins Square, Benburb, Dublin, both to section 8 and to the ministerial directions. Dunne indicated that he intends to take his case to the European Court of Justice.