Roscommon CE won't face jail term if found in breach of court order

Nov 2, 2021 17:31 By Shannonside News
Roscommon CE won't face jail term if found in breach of court order Roscommon CE won't face jail term if found in breach of court order
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The ruling will take place next Thursday

The High Court will rule later this week on whether Roscommon County Council has breached a court order in relation to a proposed flood relief scheme at Lough Funshinagh in south county Roscommon.

The action by the local authority has been taken to save homes and livelihoods affected by severe year round flooding in the Ballagh, Adrmullen and Rahara areas.

The council denies breaching any court order in respect of it's latest efforts and says the remediation plan is being complied with.


The action by Friends of the Irish Environment, was taken after the local authority initiated a new flood relief scheme at the south Roscommon turlough.

It's initial plans were halted by a court order last month, taken by FIE for not presenting the necessary environmental assessments or necessary planning under the Development Acts.

A remediation plan was put in place to restore the area where works had already taken place and this was the subject of the latest action by FIE, who claimed it had breached the court order citing the Chief Executive Eugene Cummins for making the said order to commence a new programme.


At today's court hearing Mr Justice Garrett Simons welcomed submissions by John Kenny for FIE that his client was not seeking for anyone to be jailed but rather was seeking to have the order agreed last August complied with.

The judge further noted submissions by Neil Steen SC for the council that his client had acted in good faith, and on foot of advice given by a solicitor, in order to alleviate those who are in danger from flooding.

Counsel said that his client did not believe he had breached the orders but would comply with any finding made by the court.


Justice Simmons also welcomed an undertaking by the council not to continue with work on the pipeline but to continue on the remediation works.

He said while the court has not decided on the issue of alleged contempt, he was prepared to say at this stage that he would not be making any decision to jail Mr Cummins or anybody else.

The judge said that if he were to find that council was in contempt, he was likely to impose a monetary fine.


Following the conclusion of submissions on the issue of alleged contempt, Mr Justice Garrett Simons said that he would give his ruling next Thursday.

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