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The High Court has cleared the way for Apple's €850m Athenry data centre

The tech company has faced a near three-year wait for the development.

THE HIGH COURT has cleared the way for Apple’s planned €850 million data centre at Athenry after a near three-year wait for the project to get off the ground.

The court today upheld An Bord Pleanála’s earlier decision to approve the centre despite local complaints about potential traffic problems and environmental impact from the 116,000 sq m facility.

It is expected around 300 jobs will be supported throughout the various stages of the project, although it will require a fraction of that number to run the complex once it’s completed.

Three complainants, including a Wicklow landholder, Brian McDonagh, who wanted a data centre built on his site, appealed the planning authority’s ruling to the High Court.

Justice Paul McDermott refused objectors’ applications to overturn the ruling, dismissing one challenge on the grounds of the environmental impact of the development.

He also rejected McDonagh’s appeal on the grounds he didn’t have the legal standing to challenge the planning appeal as a non-resident. McDonagh also failed to disclose that he was the director of a firm with planning permission for an alternate data centre location

In jeopardy

As previously set out by Fora, the court case added to the drawn-out process since the US tech giant first applied for planning permission on the Coillte-owned Galway site.

Last month, it was reported that Apple recently warned Irish officials that the lengthy delays could jeopardise the future of the project.

A Denmark data centre announced at the same time as the Galway facility will be operating by the end of the year, while Apple has since announced a second centre in the Scandinavian country.

However, the government maintained the company was still committed to the Irish project.

American Chamber of Commerce Ireland CEO Mark Redmond said today’s decision was “a positive outcome for Galway and the western region”.

Nevertheless, he called for a “root-and-branch review” of Ireland’s planning system following the delays.

“While there should always be appropriate checks and balances in place, it is vital that Ireland is best-in-class on the global stage if we are to maintain our very strong track record for inward investment,” Redmond said.

Data centre boom

Ireland has been a favoured location for data centre developments in recent years, with the country’s cool but consistent climate saving firms on energy costs in running the facilities.

The data centre boom has been behind a significant rise in energy demand in the country following developments from the likes of Amazon and Facebook here.

The Republic is also seen as offering a more business-friendly environment when it comes to data protection regulations.

The government has previously weighed into proceedings such as a bid by the US Department of Justice to access information stored on a Microsoft server in Dublin.

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Written by Peter Bodkin and posted on Fora.ie

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    Mute mick h
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    May 5th 2015, 6:19 AM

    I think that this needs to be brought in to law and is long overdue. People do not take these sort of decisions lightly and it’s the alternative of a long, drawn out and painful death that drives them to this point. I believe that anyone who is facing an inevitable death through illness deserves the right to choose a dignified and far less painful means of passing. It’s far easier on the person who is suffering and on their loved ones – it’s just the humane thing to do.

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    Mute Richard Cynical
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    May 5th 2015, 8:12 AM

    That headline alone shows what’s wrong with party politics. Vote for your favourite dictatorship.

    60
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    Mute Barry O 'Mahony
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    May 5th 2015, 7:09 AM

    Doctors who ‘assist’ terminally ill patients not only face possible criminal prosecution but would also run the risk of being struck off the register.
    On the other hand as a veterinarian, failure to euthanase a terminally ill animal who is suffering from uncontrollable pain, could result in prosecution and/or being struck off.

    QED The law can sometimes be an arse.

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    Mute Joe
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    May 5th 2015, 11:51 AM

    Does euthanasia not go totally against the Hippocratic oath?

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    Mute Ugly Truth
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    May 5th 2015, 11:58 AM

    Not since the ‘practice’ needed more office space.

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    Mute Aaron McKenna
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    May 5th 2015, 12:04 PM

    As far as I’m aware, there’s nothing in the Hippocratic oath that specifically tells doctors they can’t help someone die. Indeed, an awful lot of the oath talks about treating a person, not a disease; and applying human compassion.

    If the oath was “Keep someone alive as long as possible” we wouldn’t have hospices where people go once a decision has been made that enough is enough. Plenty of people go into one, get big doses of morphine and slip away peacefully after long battles have been fought to their conclusion.

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    Mute Le Tigre
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    May 5th 2015, 12:57 PM

    “First do no harm”. It’s hardly harm to spare someone pain. You could say inaction is harmful

    56
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    Mute Paul Roche
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    May 5th 2015, 12:58 PM

    Something something noxious substances…
    Anyone who googles the oath can see it’s not about killing people.

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    Mute Matt Connolly
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    May 5th 2015, 1:58 PM

    There’s a fine line between positive steps with the purpose of ending a life – which is currently illegal, and the exception of accelerating death – i.e. “a terminally ill or dying person will receive adequate pain relief and palliative care, even if this treatment as a side-effect may contribute to the shortening of the individual’s life.” – which IS legal and is spelt out in the Medical Council’s guide to medical conduct.

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    Mute Matt Connolly
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    May 5th 2015, 2:01 PM

    @ Aaron – you’re confusing personal autonomy and futile attempts to prolong life with assisted suicide – two distinctly different areas of law.

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    Mute Shanti
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    May 5th 2015, 3:56 PM

    Doctors no longer swear the Hippocratic oath. Some swear a duty of care oath, but many don’t swear any oath at all.

    They’re well aware that they’re on the hook if anything is done wrong, that’s a far bigger incentive than an oath.

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    Mute Barry
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    May 5th 2015, 6:29 AM

    We’re a messed up society, we think it’s wrong to allow any animal to suffer before it dies and we’ll often opt to end things early to stop suffering for our pets.

    But as a country we have no problem letting one of our own species needlessly suffer before death, most of this is based on religions that claim that ending things early is “immoral”.

    So apparently the moral thing is to watch you’re loved ones suffer and to ignore their wishes, requests and wants to die with dignity.

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    Mute Kal Ipers
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    May 5th 2015, 12:15 PM

    We aren’t really messed up. It is a complex issue that needs to be well thought out before implementation.
    I support the right to choose but there are valid concerns about it not being done for convenience.
    Would an elderly parent ask for euthanasia if they realised their care put their children in financial hardship?Ate into inheritance ?
    Would the children push for it? Is medication or illness effecting the decision making?
    I am glad we are in a society that wants to safe guard people and not allow the wrong thing for the right reason.

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    Mute Marty Flood
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    May 5th 2015, 11:58 AM

    Why not a referendum on this instead of the presidential age bullshit?

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    Mute stephen
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    May 5th 2015, 2:05 PM

    Great point Marty.

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    Mute Joe O'Brien
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    May 6th 2015, 11:48 AM

    Please no referendum. I’ve had enough of Iona & the god squad to last me a lifetime.

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    Mute Mark O'Hagan
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    May 5th 2015, 6:57 AM

    The next pro-life crusade. Prolong life without regard for the wishes of the person’s dignity. Mere existence isn’t living.

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    Mute Richard Cheney
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    May 5th 2015, 7:50 AM

    Exactly,another Crusade for David Quinn and Breda O’Brien trying to keep Iona relevant. They’ll probably roll out a skeleton with a ventriloquist and ask him ‘You didn’t want to die did you Mr.Bones?’ and then something about cultural Marxism.

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    Mute John Ryan
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    May 5th 2015, 12:46 PM

    I won’t be held responsible for my actions it her or her like come anywhere near this one.

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    Mute Le Tigre
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    May 5th 2015, 12:56 PM

    Since you mention it, where was the “pro-choice” vigil for Marie Fleming? Are only certain choices worth marching for?

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    Mute pongodhall
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    Sep 11th 2015, 3:15 AM

    It should be up to the individual and not to pro-life, doctors, lawyers etc.

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    Mute Deborah Behan
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    May 5th 2015, 7:44 AM

    I would back this and vote for this. It should be a basic human right. I have watched 2 of my relatives die in absolute pain. One said to me “I’m having a very long death aren’t I”. That still haunts me.

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    Mute Vanessa Fox O'Loughlin
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    May 5th 2015, 7:18 AM

    This is such an important case. Journalist Dave Kenny will be talking to Marie’s daughter Corinna and her ghost writer Sue Leonard about Marie’s remarkable life at Waterford Writers Weekend on 9th May if anyone wants to show their support in person.
    http://www.eventbrite.ie/e/an-act-of-love-the-marie-fleming-story-tickets-16035415359

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    Mute Proinsias Ó Foghlú
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    May 5th 2015, 9:16 AM

    We really need to enact this law as soon as possible, but I expect the RCC to do all in their power to stop it from happening.

    If a person of sound mind has specifically requested it then I cannot see any valid reason for prolonging their life to suffer pain and indignity.

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    Mute helixjo1
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    May 5th 2015, 11:43 AM

    Can’t see any reason to argue against this.

    Though compassion can sometimes be over-ruled by lunacy in this country.

    It really is time we all started living in the 21st century and applying a little logic to these situations.

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    Mute Joe O'Brien
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    May 5th 2015, 11:40 AM

    If a candidate in Galway West supports this legislation, then I’ll happily give them my No.1 vote.

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    Mute Philip Kenna
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    May 5th 2015, 8:20 AM

    Td’s break ranks! Pfffft! I’m afraid that with regards to this subject you will have to look after your own affairs discretely. The powers that be haven’t the mettle to tackle this in the race to get re elected. Sorry “TRY” to get re elected.

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    Mute Denise Friary
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    May 5th 2015, 6:07 AM

    Every one has the right to die in peace and if they didn’t broadcast their private business to the world then that would happen.

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    Mute Derek Walsh
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    May 5th 2015, 10:37 AM

    Unfortunately, people’s right to die in peace is not recognised by the law, and people can be and have been prosecuted for helping someone to die peacefully even when they didn’t “broadcast” it. The culture of having laws that we allow people to ignore while authorities look the other way is not one we want to perpetuate or depend upon.

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    Mute Jake Race
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    May 5th 2015, 12:00 PM

    Please, lets stop tolerating Irish solutions to Irish problems.

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    Mute Le Tigre
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    May 5th 2015, 12:55 PM

    That’s a meaningless cliche and we should stop tolerating it

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    Mute Charliegrl80
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    May 5th 2015, 9:26 AM

    Well done Tom!!!!!!!!!!!!

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    Mute Middle Class Cork
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    May 5th 2015, 7:16 AM

    I agree with Tom Curran! I think TD’s have the right to die and the sooner the better.

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    Mute stephen
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    May 5th 2015, 2:11 PM

    I am in total favour of the right to die campaign, but having watched both parents and a sibling die of cancer related illness, I have to say they died with dignity with the help of the amazing hospice staff and the advance of pain killers. But I am not as brave if I have a terminal disease,I want the option to be euthanised.

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    Mute Paul Roche
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    May 5th 2015, 12:02 PM

    What an interesting little country we live in…
    The Supreme Court finds against a right to die – yet we can introduce one by legislation.
    The High Court refuses to recognise Same Sex Marriage, so we need a referendum – despite a constitutional bar to legislating for it.
    The Dáil is not permitted to debate TMFR – because of an AGs opinion that cannot be seen.
    This is why the bankers are laughing!

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    Mute Paul Roche
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    May 5th 2015, 9:29 PM

    Dammit that should be no constitutional bar to legislating…

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    Mute Finn Mc Cool
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    May 5th 2015, 3:25 PM

    All the comments are just barking mad… Who says brainwashing doesn’t happen ?

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    Mute Gerard
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    May 5th 2015, 3:55 PM

    I have a problem with neither, but I can’t say I see the difference between “assisted suicide” and “euthanasia”.

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    Mute Shanti
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    May 5th 2015, 3:59 PM

    Euthanasia is where someone else decides to end your suffering – this is what happens with animals.

    Assisted suicide is where the person has asked to die. Meaning that it’s *their* intent, not the choice or intent of the assistant.

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    Mute Gerard
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    May 6th 2015, 6:01 AM

    But when we talk about euthanasia being legal elsewhere, it’s ALWAYS is as per your definition (for people).

    Anyway, hope he’s successful but I think his estimation of how many TDs are willing to defy the whip is wishful thinking at best.

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    Mute Dermot O Reilly
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    May 5th 2015, 3:25 PM

    Is this Endas next big plan.

    Wipe out any person over 70 years?

    Is Enda sane?

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    Mute Shanti
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    May 5th 2015, 3:57 PM

    Where on earth did you get that from the article?

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    Mute Paul Roche
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    May 5th 2015, 9:30 PM

    Shanti,
    I know you’re in favour of what Kenny is doing, but he is a fascist.

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