Outdoor rock'n'roll Legislation is now required

Even those at the centre of the action were convinced that, in all likelihood, the game had been lost, and contingency plans were already being discussed. But the law is a strange parchment and, not for the first time, the Supreme Court held it up to the light and saw what was writ there in a way that was both surprising and remarkably finely judged - in the most literal meaning of that phrase.

The sheer absurdity of the situation must have weighed heavily with them. Earlier this year Garth Brooks played three nights at Croke Park and no-one objected. Celine Dion played Lansdowne Road and no-one objected either. Now, with 80,000 tickets sold for the homecoming gig of Ireland's own superstar act U2, widely and rightly regarded as one of the most important rock'n'roll bands ever, three – that's right, three – residents seemed hell-bent on scuppering the event.

It was blindingly obvious that, if their objections were upheld, and the cancellation of the gigs was forced on the band and the promoters, the scale of the damage being inflicted on everyone with an interest in seeing the event happen – including the fans who had paid for tickets – was entirely disproportionate.

Already there was a huge level of interest outside Ireland in the attempt to prevent the gigs going ahead. The media had picked up on the story internationally, and dozens of letters, faxes, e-mails and telephone enquiries were being received by Hot Press from fans around the world. To say that the cancellation of the gigs would have been deeply embarrassing for the authorities here is to put it mildly. U2 have been one of this country's most important exports over the past 20 years. Millions of people have become aware of Ireland specifically through the band and their music. Inestimable numbers have travelled here because of their impact in the US in particular, but also throughout Europe and the east.

What happens to U2 is a subject of intense scrutiny and is widely reported via the media globally. If U2 had not been able to play Dublin, the negative impact on Ireland's image internationally would have been potentially enormous.

As it transpired the Supreme Court's judgement was very finely weighted. Looking at the precise wording of the Planning Act, the court decided that whereas under Section 26, it gave the local planning authority the power to object to breaches which might take place in the future, the same power was not extended to individuals under the relevant Section 27. And, in what was the coup-de-grace from the promoters perspective, the court went on to effectively debar objectors from taking an injunction preventing the event from going ahead on the day. It had been touch and go – but the result was a resounding victory not just for U2 but for common sense.

The truth, of course, is that the Supreme Court should never have been put in the position of having to decide on arcane matters like whether a stage is a construction or an erection. (As my learned judges know, an erection is not permanent.) It is perfectly clear that the Planning Act was never intended to deal with the issues which arise in relation to open-air concerts. It can take up to nine months for a conclusive decision to be reached. And even then, there is the likelihood of an inherent prejudice among those making decisions against rock'n'roll shows (as opposed, for example, to religious processions). In the context, the planning laws become a crank's charter enabling every killjoy, ne'er-do-well and individual on the make to hold people who are running outdoor concerts to ransom.

So far, the effect has been to make it impossible to run Fiile at Mondello Park and to prevent gigs being held at Slane Castle – despite the fact that rock'n'roll shows have been run successfully there since the early 1980s. Thus, while it may have been deeply traumatic for everyone involved, the fact that the U2 gigs were the subject of a Supreme Court action may in fact be a good thing. No better illustration could have been provided of the hopeless inadequacy of the present legal position than that the biggest rock band in the world might not, of all the hundred-plus cities they'd scheduled on their world tour, have been able to play their own home town. "Dublin is more difficult to play than Sarajevo," U2's manager Paul McGuinness had said, underlining the sheer monumental craziness of it all. And he was right.

Hot Press has campaigned in the past for legislation which would enable major outdoor rock'n'roll shows (and events like the Tribal Gathering) to take place without getting tied up in bureaucratic red tape or costly legal actions. This is now a matter of real urgency, which the government should address at the earliest possible opportunity.

It is generally acknowledged that the British licencing system works well, offering a model on which Irish legislation can be based. It is an effective system because it clearly places the onus on promoters to meet a set of agreed criteria – and if they don't, a licence can be refused for the following year.

It is fair, of course, that the residents should have a say before any event is given the go-ahead (though I don't have a whole lot of time for people who put their own narrow concerns before the greater public good: if members of the anti-happiness league existed in sufficient numbers in New Orleans, the Mardi Gras would never have happened). But the onus now is on the government to introduce a licencing system which is designed specifically to facilitate the running of events.

Above all, it must take the inconsistency and uncertainty out of the whole area. And also, the prejudices of 'residents' notwithstanding, it must ensure that fans of rock'n'roll or dance music are not open to being discriminated against.

If the Pope can play the Phoenix Park, then why shouldn't Oasis be able to? I certainly know which act I'd want to go and see.