A burial ground for unbaptised children near Glengad in Co Mayo has been entirely and unlawfully removed as part of works connected with the construction of a discharge gas pipeline out to sea, the High Court was told yesterday.
Mr Justice O'Sullivan granted a temporary injunction halting the unauthorised development of lands at Glengad and at Rossport South, Ballina. The order is against Enterprise Energy Ireland Ltd, developer of the Corrib gas field, and continues until tomorrow.
The injunction was sought by Mr Peter Bland, for Ms Mary Philbin (84), a widow, of Rossport South. Counsel said the burial mound, which was recorded in the company's own Environmental Impact Statement, had been "bulldozed", and Ms Philbin wanted the work stopped so the children's remains could be found and placed in a suitable resting place.
In an affidavit Ms Philbin said: "I could not stand by and let this company show such utter contempt to the dead children of this parish. This is nothing short of desecration."
Ms Philbin said she did not know what had become of the remains of the children. "I have never been so upset about anything in my entire life and feel as if my parish has been violated by the most arrogant and uncaring forces," she said.
Her house overlooks an area of outstanding natural beauty, Scrudwaddacon Bay, an inlet of Broadhaven Bay situated on the north-eastern side of the Mullet Peninsula on the coast of Mayo.
She said she had always been concerned to protect Scrudwaddacon Bay, which is important for a range of maritime and coastal habitats, dune systems, a salmon run and an international bird area.
About August 2000 some "arrogant and intimidatory" men called to her home and "demanded to see my folio". They told her they intended to build a gas pipeline through her land. The men were representative of Enterprise Energy, developer of a gas pipeline which is to run from the Corrib gas field off the Co Mayo coast, through Broadhaven Bay and then overland through her lands to a terminal at Bellanboy three miles away.
In May 2001 she received a letter saying a pipeline would pass through her land and the company would seek the necessary wayleaves. She was told that, unless a deed was executed by July 2001, it would proceed by compulsory acquisition. Ms Philbin said she was scared and felt very bullied.
In December 2001 the company wrote to say it was applying for a compulsory acquisition order for her land. She objected to the Minister for the Marine and Natural Resources. On May 27th, 2002, people in Rossport were told by the company in a letter that rock-blasting was to start.
On June 2nd last red markers were placed in a field bordering the other side of the bay from her. A sign stating "Archaeological area! Please Keep Out" was posted at the gate to the field.
There was a well-known cillin or burial ground for unbaptised children in the field which was recorded in the company's own Environmental Impact Statement. This graveyard was a sacred place for the comunity, with many families having children buried there.
Ms Philbin said a new entrance was opened into the field on June 4th last, and diggers and construction workers commenced work there.
It became clear the red markers did not represent an area of archaeological excavation but the route of a road.
Mr Peter Sweetman, a planning and environmental consultant retained by the community, had found there was no authorisation under the Planning and Development Act 2000 for that road.
