Court action over cemetery monuments is adjourned

A firm of monumental sculptors has regained access to three Dublin cemeteries and will be permitted to erect monuments

A firm of monumental sculptors has regained access to three Dublin cemeteries and will be permitted to erect monuments. However, this will be in accordance with the rules of the cemeteries requiring the use of Irish stone.

The High Court yesterday adjourned for two weeks a dispute between the sculptors, Mr David Pierce and Mr John Pierce, trading as Swords Memorials, Main Street Swords, Co Dublin, and Dublin Cemeteries Committee over the committee's rule that only Irish stone may be used in graveside monuments.

Last Friday, Swords Memorials was given leave to seek an injunction yesterday prohibiting the DCC preventing it gaining access to Glasnevin, Palmerstown and Dardistown cemeteries.

However, in court yesterday, Mr Martin Giblin applied for the matter to be adjourned for two weeks, with Swords Memorials at liberty to re-enter the cemeteries and to erect monuments in accordance with the rules governing the management of the cemeteries.

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Mr Justice O'Sullivan adjourned the matter to July 27th.

In court last week, the Pierces said they had been in the monument sculpting business since 1988. Under the DCC's rules for the erection of monuments in Dardistown, only native or indigenous material stone may be used. However, since the opening of the cemetery in 1988, a large number of monuments had been constructed wholly or in part with imported stone.

The court heard the Pierces had until January adhered to the DCC's rules regarding the erection of monuments in Dardistown. These required only native or indigenous stone to be used. However, Swords Memorials said that, from January, due to continuing complaints from customers about the quality of Irish granite headstones, it felt it necessary to use imported stone. It was claimed that Irish granite was less consistent than foreign granite and more porous.

On June 5th, the general manager of Dardistown wrote to sculptors engaged in installing monuments, highlighting his belief that the rule was being breached.

On July 2nd, Swords Memorials said it was denied entry to all three cemeteries and claimed this was a very real threat to its business.

It was claimed the rules regarding Dardistown were inconsistent with the power given to the DCC under the Dublin Cemetery Committee Act 1970, and that the ban on foreign stone was without justification and had never been enforced or applied fairly.

Mary Carolan

Mary Carolan

Mary Carolan is the Legal Affairs Correspondent of the Irish Times