Supreme Court finds Shell in contempt over entering commonage lands

Áine Ryan

SHELL E&P Ireland was in civil contempt of court orders when it entered commonage lands on the modified Corrib gas pipeline route in Rossport nine years ago, according to a three-judge Supreme Court on Wednesday last, June 14. An Irish Times report has confirmed it overturned a 2010 High Court finding, which ruled that District Court Judge Mary Devins’ earlier order prohibiting Shell to enter the commonage, except in accordance with the Gas Act 2007, was no longer applicable after the company acquired 1/62nd share of the lands in May 2008 and entered it in July and August 2008.
Ms Monica Muller, of Rossport South, then applied to have Shell held in contempt of the November 2007 order by Judge Devins, claiming the company should not have entered the lands to carry out tests without her consent and first applying to the judge to vacate the order.
While determining that her November 2007 order was moot in September 2009 because of the company’s acquisition of the share, Devins still ruled Shell was in contempt.  
She ordered Shell to apply to vacate the 2007 order and to pay a donation of €3,000 to An Taisce’s planning unit and Ms Muller’s legal costs, which Shell did.
After Shell appealed, Judge Devins referred some legal issues to the High Court.
The High Court president, Mr Justice Nicholas Kearns, found the November 2007 order did not absolutely prohibit any entry whatsoever on to the commonage lands by Shell. The order, made under Section 26.4 of the Gas Act, could not prohibit entry by Shell on to the commonage after it acquired a share in the commonage, he  ruled.
However, Justice Mary Laffoy, in the  Supreme Court last week, allowed Ms Muller’s appeal,  determining that Judge Devins was correct in finding Shell in contempt as a result of being in breach of her 2007 prohibition order, The Irish Times stated.