The Supreme Court will make history when it sits in Limerick on Monday for the first time.
The three-day sittings represent only the second time the court has sat outside Dublin in its 87-year history. It previously sat in Cork in 2015.
The court will hear two appeals related to planning issues during its sittings until Wednesday at the new Criminal Courts of Justice on Mulgrave Street.
Eight Supreme Court judges will travel to Limerick for the occasion, to be marked by an address by the Chief Justice, Mr Justice Frank Clarke, at the courthouse on Monday morning.
A five-judge court, comprising the Chief Justice, Mr Justice Donal O’Donnell, Ms Justice Elizabeth Dunne, Ms Justice Iseult O’Malley and Ms Justice Mary Finlay Geoghegan, will then hear an appeal raising issues concerning the obligations of An Bord Pleanála to give reasons for its decisions.
The appeal is against a High Court judgment quashing the board’s permission for a wind farm development of six turbines at Coor West, Shanvogh, Co Clare.
Planning appeal
On Wednesday, a different five-judge Supreme Court will hear another planning appeal. This arises from proceedings by An Taisce alleging that a substitute consent – a form of permission introduced to address a 2006 European Court of Justice finding in a case against Ireland – could not authorise the continuation of quarrying works by McTigue Quarries at Tuam, Co Galway, without an appropriate environmental impact assessment.
The High Court found McTigue was engaged in unauthorised development but, for a number of reasons, held it was appropriate to exercise the court’s discretion under the 2000 Act not to grant orders sought by An Taisce restraining works.
Both An Taisce and McTigue have appealed parts of the decision.
The court returns to Dublin on Thursday to deal with other matters including case management of businessman Denis O’Brien’s forthcoming appeal over the dismissal of his case over statements made in the Dáil about his banking affairs.
The judges have also been actively working on their judgment in the State’s landmark appeal concerning the extent of the unborn’s constitutional rights.
For reasons including the Limerick sittings, it remains unclear whether that judgment will be given next week. If not, sources believe it will be delivered the following week.
