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A Clare Island fisherman has initiated proceedings before the High Court to stop the laying of the fiber optic cable off the Co Mayo coast as part of a multi-million euro international communications project.
James O’Toole is challenging the licensing of the Irish part of the project that will see a transatlantic submarine cable system that will connect Northern Europe and the US. USA
The Irish branch of the cable system is called America Europe Connect 2 (AEC) and is owned by a consortium of IT companies, including internet giants Facebook and Google.
The consortium is a notifying party in Mr. O’Toole’s proceedings against the Minister of State in the Department of Planning and Local Government regarding the granting of a beach license earlier this year.
A fiber optic transatlantic cable extending from the US is under construction. USA To Denmark with spurs to Ireland and Norway, and the planned route for the Irish Ram includes a landing at Old Head on the south side of Clew Bay, about two miles from Louisburgh.
On Wednesday, Judge David Barniville granted AEC’s request to expedite Mr. O’Toole’s case in the Commercial Court, saying there clearly was a significant commercial dimension and very significant costs involved in development.
AEC, represented by David Holland SC, said the case concerns a major infrastructure project of significant importance to this country. A technical team is already in isolation at a Mayo hotel and hopes to start work next week, the lawyer said.
James Devlin SC, instructed by attorney Brian Harrington, for Mr. O’Toole, will request at the end of this week a suspension of any work that is carried out pending the determination of the case.
In his proceedings, Mr. O’Toole, Ballytoughey, Clare Island, described as a farmer and fisherman, wants orders to overturn the decision to grant a license under the Foreshore Act to install an underwater fiber optic cable on Old Beach Head.
It claims that the decision to grant the license was made outside the powers of the Minister, is contrary to the EU Habitats Directive, lacked sufficient reasons and was contrary to fair procedures.
Shortest route
The license granted in February 2020 was for the Irish branch of a transatlantic fire optical cable extending from the US. USA To Denmark with branches to Ireland and Norway and through Scottish fishing waters.
O’Toole claims that the shortest possible route to the Irish coast was selected, although it is through very rocky seabed areas that the cable cannot be buried.
He claims he will pass through sensitive fishing areas in Clew Bay and the narrow channel between Achill and Clare islands, passing habitats of endangered protected species, including the bottlenose dolphin and the Brent goose.
He and other fishermen are concerned about the risk of fishing gear becoming entangled in the cable lying on the surface and that the fishing gear may have to be abandoned, which could trap marine species and cause environmental pollution.
In addition, it states that the disturbance of the population of predators such as sharks, skates or rays could affect the entire ecosystem, including the shellfish that represent their livelihood.
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