Work Stopped at Shell's Illegal Construction
Site
mayo | crime and
justice | feature
Thursday October 15, 2009 11:54
by Jen Debender - Rossport Solidarity Camp
When asked about the legality of Shell's
construction works, a garda replied 'Irrelevant'
It might take more than a car to stop Shell,
but it's a start
This morning
the 14 October, a local resident blocked the entrance gate to a Shell
construction site for which there is no planning permission, refusing to
move until some proof that Shell's actions are legal were provided.
Related Links from
Indymedia.ie:
'We Know What You Did This Summer!'
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Bail from Custody after 15 Days at Castlerea Prison | Two Anti-Shell Campaigners
Jailed for Civil Disobedience | A weekend in Erris at the
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Out in Force Again | Message to an Bord Snip Nua.
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Related Links outside of
Indymedia.ie
The website of Shell-to-Sea - CorribSOS.com
Keep the pressure
up: Contact ALL TDs, Senators, and MEPs in Ireland and
let them know how you feel about Shell in Rossport - Contact.ie
Local people noticed that Shell works were underway in Aughoose,
Pullatomish this Monday 12 October (http://www.indymedia.ie/article/94428),
despite the fact that Shell has not received planning permission for the
onshore pipeline from An Bord Pleanála (which is due on or before 23
October). Today (14 October) a local resident blocked the entrance gate to
the site with her car for two hours. A Shell tractor sat on the other side
of the gate unable to move this whole time, with a handful of IRMS
security standing around the tractor and filming the people who had
gathered on the public road.
The local person blocking the gate
rang the Gardaí informing them that there is work going on without
planning permission, and asked them to come investigate. They had not yet
been informed by IRMS or Shell that work was being stopped. When Garda
Conway MY169 and MY288 arrived on the scene, they were only interested in
facilitating the work. They did not address the person who had made the
call to them, but went first to the IRMS Shell security on the other side
of the gate. Immediately they ordered the driver to move her vehicle,
without questioning the legality of the construction work.
The
site in Aughoose is where the proposed route of the pipeline crosses back
over the estuary from Rossport South towards the refinery at Bellanaboy.
It is Shell's privately owned land, but just like anyone else constructing
on private land, they need to have planning permission. They have not yet
received planning permission from An Bord Pleanála for the onshore
pipeline, and there are no notices from Mayo County Council displayed at
the site showing permission. They are drilling at the bottom of the field
next to the estuary, with a small section of fencing encircling the drill.
The only signs up on the fencing read 'Danger' and 'Construction Site' and
the like. This is not clearly visible from the road at the top of the
field.
The Gardaí who arrived on the scene did not even pretend to
investigate the legality of Shell's works, but said they have reason to
believe that it is an 'exempted development.' Garda Greg Burke, MY165
informed the driver that she was blocking a private entrance and that if
she did not move her car, it would be towed away. She explained that she
had lawful excuse for parking her car there, because she was blocking
illegal construction. Her lawful excuse, “while acting in accordance with
article 93 of Bunreacht na háireann is that this site does not have
planning permission for any construction activity from the local authority
nor does it have planning permission from An Bord Planála.” She said that
she would not move her vehicle until she saw proof of planning permission.
Garda Burke responded by telling the driver 'you may make a peaceful
protest from another position.'
The guards then attached her car to
the Garda car and began pushing people away from the driver's car. The
Garda car started moving forward even though there were people on and in
front of the car being towed. Only when Garda Noel Brett (in plainclothes)
got his foot stuck under the tyre and a local person shouted at the Garda
driving the vehicle to stop did the Garda car stop. The guards were able
to tow the vehicle far enough for the gate to open and the Shell tractor
to exit the field, then proceeded to park a Garda car in front of
the gate (blocking a private entrance).
Some further
investigation (certainly not by An Garda Síochána) shows that Shell are in
fact drilling on this private land, which drains into the adjacent Sruth
Fhada Chonn estuary SAC and SPA (Special Area of Conservation &
Special Protected area). Whether Shell's arrogance to start this work
comes out of the assured knowledge that they will get the planning
permission or as a way to test how far they can take it before any
authorities question their actions is unknown. What is clear is that if
Shell are not even waiting for planning permission, they won't wait long
after it is granted to start pushing through the onshore pipeline without
local consent.
Refusing to move until proof of planning permission is
shown
A frustrated Shell worker
Contruction site with no planning permission
The IRMS, protecting illegal works
Embedded Video Description: Gardaí turn blind eye
to Shell
Embedded Video Description: Shell drilling
illegally in County Mayo
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Comments (20 of 20)
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Where did they get the Mayo County Council cones, since Mayo County Council hasn't given permission for this work?
Explaing the lawful excuse for blocking the entrance
Nationalise Corrib Gas
garda Conway MY169 is not happy
Towing the car
Speak for themselves
More photos
Plainclothes garda Noel Brett speaking with his mates (IRMS) after towing the vehicle
The garda car blocking a private entrance
Drilling in construction site without permission started, picture from aroun 5 o`clock 14th october
drilling
Well done to all involved for this act of defiance against the Shell and Garda bullies. Shell are getting really arrogant about what they believe they can get away with. Here's hoping we can line them up for a fall sometime soon! Keep taking them on, and love and solidarity to you all!
I would be grateful if i could be told under what current legislation a private company may use instruments of surveillance such as cameras for filming. A new Bill which took 10 years in the making does not indicate that other than approved and authorised State personnel may do so and in very restricted circumstances governed by rules as to how long and where such films may be kept.
There is (as far as I know) no "Article 93 of Bunreacht na hEireann" -- and consequently the "acting in accordance with article 93 of Bunreacht na háireann" statement in the main text above needs to corrected I suspect?
Great though that there was physical resistance to what seems to be yet another frightening example of Shell very arrogantly committing crime with impunity.
Even more frightening of course is the way our police appear to be actually HELPING Shell to commit such a pernicious form of crime: despite all the negative things that the United Nation (and others) have to say on this very threatening subject.
According to Wikipedia (for example), "In the international law of human rights, it (i.e. "impunity") refers to the failure to bring perpetrators of human rights violations to justice and, as such, itself constitutes a denial of the victims' right to justice and redress" -- taken from http://en.wikipedia.org/wiki/Impunity
I wonder if our garda (police) have ever heard, or have ANY idea whatsoever, about impunity: and its shocking social implications?
Usual bullshit from Shell and cronies
Well done for the resistance
"When the People fear the Government, you have TYRANNY. When the Government fear the People, you have LIBERTY". (Quote attributed to former US President Thomas Jefferson.)
In solidarity from Canada, well done!
Love and solidarity to all
Brian is right but the Alt/Art of the Bunreacht/Constitution upon which I rely and with which I strive to comply is, as stated, Alt 9.3/Art 9.3 which states that fidelity to the nation and loyalty to the state are primary duties of citizens (paraphrase since I don't have copy in front of me).
I don't think that any intelligent person would find it difficult to agree that acting in defence of Place and highlighting the corporate theft of our natural resources wealth facilitated by FF/Green suits is anything other than in accordance with the demands of Alt 9.3/Art 9.3 - be it aspirational or not; it remains until removed/amended by referendum (if that hasn't already happened with Lisbon 2).
Thanks Maura.
I've looked it up and it is Article 9.2 in fact, which reads:
"Fidelity to the nation and loyalty to the State are fundamental political duties of all citizens."
Apart from the odd one here and there perhaps, I have long been finding it difficult to see how the general body of our "elected representatives" (so called) could ever, during the past decade or two, claim to have any kind of meaningful relationship with this principle.
Similarly (in my view) with regard to our police, and indeed our legal profession as well: particularly our judges.
It really does look to me that our nation is still in "a terrible state of chassis" -- and "getting worse, and worse, and worser" by the week.
Slightly! It was 9.2 before some referendum or other, now 9.3 - not being awkward but it's that type of attention to detail which has been a mark of the S2S campaign to date particularly at the beginning with regard to dissecting second/third rate EIS thingys and, subsequently in holding 'official Ireland' to account.
Beir bua.
Keep up the good work down there guys, it's time to take the campaign up a notch, which involves as much publicity as possible. I'll be home for Hallowe'en and I'll be down there to support. SEND SHELL TO HELL!
Whatever about Article 9, Article 10.1 of Bunreacht na hEireann seems much more direct and much more relevant to me.
Article 10.1 (according to text at http://www.taoiseach.gov.ie/upload/static/256.htm ) states:
"All natural resources, including the air and all forms of potential energy, within the jurisdiction of the Parliament and Government established by this Constitution and all royalties and franchises within that jurisdiction belong to the State subject to all estates and interests therein for the time being lawfully vested in any person or body."
So how come our oil and gas reserves off the Mayo coast which "belong to the State" have been given away to Shell for nothing apparently (or almost nothing), and that there are no royalties involved?
Which piece of legislation has allowed that to happen I wonder, and which of our presidents signed it into law?
Is the law connected with such legislation valid law at all, and if not (by virtue of it being unconstitutional possibly) why is it not being challenged in the High Court and/or the Supreme Court?
I have been following this saga, and the only group who seems to have achieved what they set out to do are the fishermen.
They, through their leader Mr. Eamon O'Duibhir have succeeded in preventing Shell from discharging dangerous chemicals into broadhaven bay.
Maybe it is time to have his abilities employed in resolving the onshore situation, as he has a proven track record of been successful in forcing Shell to "do the right thing".
He seems like a very intelligent man and I am sure he would be willing to lend his weight to resolving outstanding issues if asked!
It's great to see such dedication to the truth and nonviolence in the face of bullying, greed and ignorance.
Solidarity from up north.
keep her lit!
....to you all for defending your homeland. Beir bua!