Fenit Island Access Campaign

Fenit Island Access Campaign

Campaigning on behalf of the community

Fortress Fenit Island

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Posted by Jude Saint on July 16, 2011 Full Size| Slideshow

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3 Comments

Reply Bryan Kelly
1:33 PM on July 18, 2011 
Hi Jude,
Thanks for the clarification on the legal aspects. And it's nice to know that you have legal advice and that there are some legal precedents that establish free access already. Although not a lawyer I was always of the opinion that people have certain rights to walk through the countryside, provided they did not damage property, crops or animals.
This new site looks very professional and should help create a lot more support for the campaign. Keep up the good work.
Reply Jude Saint
11:22 AM on July 18, 2011 
Bryan Kelly says...
Here are a few questions which I would like clarified if someone is able to.
Has anyone looked into the legality of this matter?
Is there a clear legal definition of the term "ordinary high water mark"?
Has expert legal advise been sought? If not, why not start a fund to pay for some smart lawyer to look
into this matter. I'll contribute a few Euros to such a fund if you get one started.

Bryan - your generousity and support are very much appreciated.
Please be assured that we have a number of 'smart lawyers' who are only too willing to work 'pro bono' on behalf of the campaign and are looking into the legality of the matter.

I can tell you that in the view of the lawyers and other experts we have consulted tell us that the fences are indeed unlawful. They breach not only the 2002 and 2010 planning regulations they are also in contravention of a European Directive upheld by the European Court of Justice in Case C-66/06 of November 2008. The court upheld a complaint brought by an other campaign group 'against the proliferation of access-denying and scenically-damaging wire fencing in Ireland'. This describes precisely the fencing around Fenit Island.

Thank you once again for your interest and support. We'll do our best to keep you informed of progres with the campaign through the website.
Reply Bryan Kelly
7:37 AM on July 18, 2011 
Here are a few questions which I would like clarified if someone is able to.
Has anyone looked into the legality of this matter?
Is there a clear legal definition of the term "ordinary high water mark"?
Has expert legal advise been sought? If not, why not start a fund to pay for some smart lawyer to look into this matter. I'll contribute a few Euros to such a fund if you get one started.