TaraWatch

Image of SIAC Ferrovial rushing to cover the Lismullin National Monument with black fill, on Monday 11th February – by Laura Grealish (click to enlarge)

Video of assaults on demonstrotors – 11 Feb – Lismullin

Archive video 1 – Archive video 2

Sinn Féin Press Release

Increased incidences of assaults on Tara protestors unacceptable -
McDonald

For immediate release: February 14th 2008

Responding to the decision by Tara Watch to lodge an official complaint with the Minister for Justice Mr. Brian Lenihan due to the campaign’s experience of increased incidences of assaults on its activists by construction workers Sinn Féin MEP has described the assaults as serious and of grave concern.

The Dublin MEP said:

“It is of grave concern to me that TaraWatch have had to lodge an official complaint with the Minister for Justice following the intensification of assaults on its activists by construction workers. It has been noted by the campaign that the increase in violence has come directly after the filing of a High Court Action last week against the demolition Lismullin National Monument.

“It is the right of every person in this state to protest and at the same time to have their civil and human rights protected. Assaults on protestors by gardaí, construction workers on the site or the company’s subcontractors cannot be tolerated.

“I have today written to the Minister and also the Garda Commissioner to outline my concern and demand that the matter be given their immediate attention.”

CRÍOCH

Click below for TaraWatch statement:

PRESS RELEASE

TARAWATCH.org

14 February

‘Complaint Made to Minister Lenihan Over Assaults and Batteries on Peaceful Demonstrators’

An offical complaint is being lodged today with Minister for Justice, Mr Brian Lenihan, over the intensification of assaults and batteries on Tara campaigners, by construction company workers, which have intensified since a High Court action against the demolition of the Lismullin national monument was filed last week.

A You Tube video, showing one incident which took place on Monday 11th
February has been sent to the Minister, along with other video of previous incidents. The video taken on the 11th shows a construction company employee manhandling a demonstrator on top of a digger, and then a second demonstrator, taking the video, is attacked from behind by a second construction company employee.

Minister Lenihan wrote to TaraWatch on Tuesday 12th February, in response to a previous complaint about Garda ‘Operation Bedrock’, which is an ongoing policing plan, relating to save Tara demonstrators.

According to Minister Lenihan, “Operation Bedrock is in place to uphold the law in the context of the construction of the M3 motorway.”

TaraWatch has written to the Minister to inform him that in fact the law is being broken on a daily basis by construction company employees, and that Operation Bedrock is failing to protect the civil and human rights of the demonstrators. He has also been informed that some demonstrators are taking legal adfice, with a view to suing workers, and the authorities, for damages.

Laura Grealish, of TaraWatch, who witnessed the incident on the 11th
said:

“Works have accelerated since the High Court action was filed, and the
construciton company is rushing to cover up the Lismullin national monument before there can be a court hearing on an injunction application by Gordon Lucas.”

“They are trying to deprive the courts of their right to adjudicate on this matter.

“Instead, they are taking the law into their own hands, and committing gross violations of the criminal law, by assaulting and battering peaceful demonstrators every chance they get.

“Operation Bedrock is a scary example of the Gardai working in co-operation with a private company to breach civil and human rights, through reckless endangerment. Minister Lenihan must intervene.

ENDS

LETTER FROM MINISTER LENIHAN TO TARAWATCH – 12 FEBRUARY

February, 2008

Dear Mr. Salafia,

I am directed by the Minister for Justice, Equality and Law Reform, Mr. Brian Lenihan, T.D., to refer to your email dated 4 December, 2007.

The Minister has informed by the Garda authorities that Operation Bedrock is in place to uphold the law in the context of the construction of the M3 motorway.

The policing plan has been prepared by the responsible Garda Divisional Officer in respect of the obligations on An Garda Síochána to prevent any breaches of the criminal law during the construction of the M3 Motorway.

The policing measures in place are deemed necessary by local Garda management to prevent any such breaches.

He is further informed that the Garda authorities are satisfied that no private data is being shared between An Garda Síochána and private security or investigators as referred to in your correspondence.

Yours sincerely,

____________ _________
Private Secretary to Minister Lenihan

RESPONSE TO MINISTER LENIHAN 14 FEB

TaraWatch
Suite 108
The Capel Building
Mary’s Abbey
Dublin 7

14 February

Dear Minister Lenihan,

Thank you for your letter of 12 February, regarding Garda ‘Operation Bedrock’, the policing plan in place to deal with the construction of the M3 motorway and the demonstrators who are opposed to the works currently taking place within the Hill of Tara archaeological complex.

You state in your letter that “Operation Bedrock is in place to uphold the law in the context of the construction of the M3 motorway.” I regret to inform you that the law is not being upheld, and that assaults and batteries are being regularly committed by the agents of the construction company on peaceful protestors. These have escalated in the past week, since a new civil action was filed by Gordon Lucas, alleging that the order signed by former Minister for the Environment, Dick Roche, under the National Monuments Act, 2004, providing for the excavation and demolition of the national monument, is in breach of EU law, and that a new environmental impact assessment must be performed, in line with EU law.

The Lucas case is a parallel case to that which was filed by the European Commission in the European Court of Justice against the Irish Government in September 2007, which alleges that the National Monuments Act 2004 is in breach of the EIA directive, in that it does not require a new EIA to be performed when a national monument is discovered during the course of building an approved road scheme. In addition, there was a separate legal action filed in August 2007, by Michael Canney, also alleging breaches of Irish and EU law in relation to the works at Tara and Lismullin.

In your letter you state that: “The policing plan has been prepared by the responsible Garda Divisional Officer in respect of the obligations on An Garda Síochána to prevent any breaches of the criminal law during the construction of the M3 Motorway.” Not only is the plan failing to protect demonstrators from breaches of the criminal law, but their human and civil rights are being violated on a daily basis.

For a number of months now, there have been exchanges between demonstrators and employees and agents of SIAC Ferrovial, the consortium who are in public private partnership with the State to build and operate the M3 toll road. There have been numerous reports of demonstrators being assaulted and battered by security personnel and construction workers.Please view a video of an incident that took place on Monday 11th February at Lismullin:

Over the last six months at least ten demonstrators have been arrested and charged with various offences, in relation to incidents involving construction company employees. One of the main instruments being used to deal with demonstrators is the Housing (Miscellaneous Provisions) Act 2002 is being used to prevent demonstrators from entering the M3 lands, and has the effect of criminalising what was hitherto a civil trespass. This is Act is being misapplied, as there is no occupation of the M3 lands taking place, and peaceful, conscientious objectors are being threatened with criminal records, for simple trespass. The situation at the Hill of Tara has escalated considerably since the original complaint regarding this matter was sent to the Taoiseach, on 4th December 2007. There are now daily incidents taking place in and around the Lismullin national monument, and Soldier’s Hill where the M3 crosses the N3. There is a distinct lack of Garda presence, and despite the numerous complaints that have been made about to the Gardai about assaults and batteries by construction workers on demonstrators, there have been no charges filed thus far against any of the workers.

It would appear that Operation Bedrock is in fact a co-operative security operation, being jointly conducted by Gardai and private security companies, in order to facilitate the rapid completion of the M3 motorway. Preventing breaches of the criminal law against demonstrators does not seem to enter into the equation. No injunction has been sought to restrain demonstrators from entering M3 lands. No efforts are being made to prevent reckless endangerment of demonstrators by construction company employees. There is scant police presence at the site, which means that most incidents are not witnessed
by authorities. However, even when Gardai have been present, it has been reported that assaults have continued against demonstrators, unchallenged.

The excavation of the Lismullin henge was completed just before Christmas, and the site was handed over to SIAC Ferrovial by the National Roads Authority at that time. Coincidentally, the site was voted one of the top ten archaeological discoveries in the world in 2007 in the Jan/Feb issue of Archaeology Magazine, published by the Archaeological Institute of America.

Since the Lucas case was filed last week, the construction company has intensified its efforts to cover over the Lismullin national monument. On Monday, 11th February, large lorry loads of black fill were dumped on top of it. Workers have become increasingly abusive to demonstrators, and many very dangerous clashes have occurred.

From what I understand, some demonstrators are taking legal advice with a view to initiating civil actions against the construction companies, seeking a restraining order against the companies and its agents. They will also be seeking to impose personal liability for damages on the part of the perpetrators of the assault and batteries.

We also have reason to believe that private data is being collected by private security companies and shared with the Gardai, in violation of citizens constitutional and human rights. Full details of these allegations will follow shortly, and are also being submitted to the Garda Ombudsman. Again, it is possible that the authorities and private companies will be held liable for damages to unauthorised breaches of privacy.

We ask that you perform a full investigation into the current situation, as Operation Bedrock is failing in its stated objectives, and is likely to lead to serious injury and a sea of litigation, unless there is a radical change in practice.

If you truly want to uphold the law in relation to the M3 motorway at Tara, you should call for a halt to all work in that vicinity, until the legality of those works has been finally determined in the High Court and the European Court of Justice. By condoning the continuation of works in the Tara complex, under these circumstances, it is your
administration that is engineering this escalating conflict between demonstrators and workers. If serious injuries do occur, on either side of the equation, then your administration should be held liable, since you are neither policing in an even-handed manner, nor seeking in good faith to determine the legality of the works before you try and enforce their presumed legality. Instead, you are quietly standing back as Irish citizens are having their civil and human rights violated by being assaulted and battered on a daily basis for simply trying to protect their own environment and heritage in a peaceful manner.

Kind regards,

Vincent Salafia