Two Co Leitrim men took challenge after being prosecuted for preventing authorities from accessing their lands
Gerry Gearty and Sean Beirne allegedly prevented National Parks and Wildlife Service officers, and gardaí from getting access their lands at Cloneen bog in Co Longford. Photograph: iStockThe Supreme Court has dismissed a challenge by two turf cutters relating to how EU habitats law was transposed into Irish law.
The men claimed the Constitution did not allow for the creation of an indictable offence other than by way of primary legislation. He said it was within the competence of the legislature to delegate power to create indictable offences to the Executive.The “prescriptive nature” of the Habitats Directive meant any command over policy left over to member states “has been reduced almost to vanishing point”, he said.
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