IRISHCYCLE.COM
Release of Cork Luas submissions contrary to the public interest
Release of submissions from TDs, councillors, sports clubs, schools and residents associations rejected.Transport Infrastructure Ireland has rejected a request for submissions on the planned Cork Luas tram line and active travel paths to be routed via Bishopstown GAA or Highfield RFC sports grounds, and a cycle route diversion planned to be routed via the religious grounds run by the Missionaries of the Sacred Heart on Western Road.Despite Bishopstown GAA, Highfield RFC, and the Missionaries of the Sacred Heart making their feeling against sections of the project as currently proposed public, the transport body claimed that the release of their submissions would be against the public interest.IMAGE: A map of the Emerging Preferred Route, which was subject to a recent public consultation (TII).In May, echolive.ie reported that Bishopstown GAA club vows to fight Luas route to the end', while the Irish Examiner reported in June that Highfield RFC claimed the tram line was an existential threat to its future, and that doesnt just graze our boundaries it cuts through the very heart of our club.In both cases, it is understood that while the Luas and linked active travel route would run through what are now part of the grounds of the sports club and their car parks, their playing pitches would not be affected, although it is claimed by the clubs that it would be unsafe for children to cross the tracks.IMAGE: The draft project route as it passes the sports grounds.Then in July, the Irish Examiner also reported that Fr John Fitzgerald, the director of the Missionaries of the Sacred Heart in Ireland, said that the proposed cycle path route would be an unfair intrusion on elderly residents of the monasterys infirmary and cause huge health and safety problems for children and older people using the parish centre.Fr Fitzgerald added: We also want to ensure the safety of people using the entrance to our car park, which we feel will be obscured by the cycle path, so that we will have free entry into our own property, plus that we will have access to our sacred space in the Heart Field.The draft project plans show the cycle route diversion skirting the edges of the religious grounds along the River Lee before running along the side of its car park on Western Road.The exact issues the sports clubs and the religious institution have with the project were not detailed in the report, so IrishCycle.com used Freedom of Information Acts and the Access to Information on the Environment Regulations to seek the submissions from the groups as well as politicians and other groups who made submissions related to the sports and religious grounds. IMAGE: The cycle route (shown in light red) skirts along the edge of the religious grounds along the river and then alongside its car park, while the proposed tram route is shown in purple.These requests were rejected by the decision-maker, Andrew Moore, a senior regulatory and administration executive at Transport Infrastructure Ireland (TII). The decision was made July 31st, and Moore noted that the submissions would be published in September. Because of this, this website did not seek an internal review the start of an appeals process that can typically last over a year.The decision maker in TII said that the confidentiality of the proceedings of public authorities would be affected where such confidentiality is otherwise protected by law (including the Freedom of Information Acts 1997 and 2003 with respect to exempt records within the meaning of those Acts);Moore said: As the requested submissions are currently under deliberation by the Luas Cork Team, these records are, therefore, being withheld, in accordance with section 29(1) of the Act, which provides as follows.Section 29(1) outlines: A head may refuse to grant an FOI request (a) if the record concerned contains matter relating to the deliberative processes of an FOI body (including opinions, advice, recommendations, and the results of consultations, considered by the body, the head of the body, or a member of the body or of the staff of the body for the purpose of those processes), and (b) the granting of the request would, in the opinion of the head, by contrary to the public interest,This provision typically protects unfinished documents from release, and even then rulings have shown that it does not include finalised drafts. No records produced or being produced by TII were sought; only final submissions were requested. Moore wrote: In circumstances where a public body considers that the provisions of section 29(1) of the Act apply to a record, the Act requires the public body to consider any public interest in releasing the information. While there is a general public interest in ensuring openness and transparency in the decision-making process and how a public body reaches a decision, the deliberative process of a public body requires that confidentiality should be preserved when this process is ongoing, to avoid contaminating, impairing and, therefore, prejudicing the integrity of the deliberative process involved.It is in the interest of the broader community that such deliberations, while ongoing, are protected and permitted to function, he said.IrishCycle.com did not seek any deliberations by TII, only submissions by groups and politicians.Moore said: Of particular concern here is that the premature release of the information withheld, could interfere with the ability of the Luas Cork Team to deliberate on the submissions received, without undue public interference. It is, therefore, the Decision Makers opinion, that any premature release of this information, is, therefore, contrary to the public interest.In reaching this Decision, the Decision Maker has also noted that a report on the submissions, in addition to the submission records requested, will be published online in September 2026, said Moore.Submissions not releasedAny rejection of a request should include a Schedule of Records, whichis a list of the names of documents which are not being released. In this case, the list includes the names of 22 submissions their inclusion in the list does not mean they objected to or supported any part of the project; submissions can be purely informative.Submissions which were deemed not fit to be released in July include those from Bishopstown GAA, Highfield Rugby Club, Highfield Squash Club, and Missionaries of the Sacred Heart, as well as from Jerry Buttimer TD, Donnchadh Laoghaire TD, Cllr Ciara OConnor, Cllr Albert Deasy, Cllr Colm Kelleher, Cllr Jack White, Cllr Peter Horgan and Senator Laura Harmon.Three schools made submissions Bishopstown Community School, St Catherines National School, and from both the board of management of Coliste an Spioraid Naoimh and the same schools patron and trustees, the Presentation Brothers Schools Trust (PBST).And six residents associations also made submissions Ballineaspig, Firgrove and Westgate Residents Association; Bishopstown Avenue West Residents Group; Glencairn Park & Melbourn Mews Residents Association; Melbourn Residents Association (Bishopstown); Residents Association Bishopstown; and Wilton Avenue, and Upper Bishopscourt and Merlyn Lawn Residents Association.
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