He's unstoppable!

Despite a high-powered brain-storming session convened on March 16, attended by representatives from the Housing Executive, Fire Service, Building Control, Heritage and Museum Services, the Road Service and the NIEA Built Heritage, discussions on how to stop Brian McCarthy and his associates caved in as one after another said they could do nothing to bring his tunnelling to an end.

This followed a meeting in the previous month that included planners, the Roads Service and PSNI, when agencies were also unable to identify any remit that would allow them to stop Mr McCarthy's activities.

At tomorrow, Thursday's meeting of the Council's Environmental Services Committee, the Chief Environmental Health Officer, Philip O'Doherty's report will confess that not only is the Council unable to take action against Mr McCarthy, in fact none of the agencies that met in March can act to stop the amateur explorer at this stage.

Although the Heritage Service and Roads Service wrote to Mr McCarthy urging him to stop, citing personal safety, the threat of explosions or collapse of the underground system, it has now been established that because Mr McCarthy hasn't actually dug up the road on the surface it is not Roads Service's responsibility to take follow-up action as no subsidence has occurred.

Meanwhile, the NIEA Built Heritage again wrote to Mr McCarthy in February, citing possible breaches of the Historic Monuments and Archaeological Object (NI) Order 1995 and examined the property in the company of the landlord, but, yet again, because what has occurred is external to the main building there is nothing they can do.

It has also been established that Mr McCarthy's actions do not breach his tenancy lease at 1a Pump Street, so the landlord will not be taking action.

From the contents of the report to tomorrow's environment meeting, it seems the NIEA Built Heritage, despite their letters, also seem unlikely to undertake a prosecution in this case.

The report says: "The issue of the tunnelling was discussed at the Walls Management Group meeting on 4th February 2010.

The representatives of the various groups present (Planning Service, Roads Service, Council, PSNI) all expressed concern at the ongoing tunnelling, but remained unable to identify a remit which would allow them to stop this work."

It adds: "At the request of the City Secretary and Solicitor I facilitated a meeting of interested parties on 16 March. The meeting was attended by representatives from NIHE, NIFRS, Building Control, Heritage & Museum Services, DRD Road Service and NIEA Built Heritage. The outcome of the meeting is that no agency at this stage can take any action against the occupier undertaking the tunnelling. Environmental Health can act on complaints regarding noise but to date none have been received.

"The Roads Service commented that because he hasn't actually dug up the road on the surface it is not their responsibility as no subsidence has occurred. The NIHE commented that as the tunnelling is external to the main building there is nothing they can do. They also expressed that the landlord of the property outlined that the occupier is not in breach of his tenancy lease.

"Whilst NIEA Built Heritage have issued letters to Mr McCarthy asking him to stop, it is unlikely that they would be willing, or able, to undertake a prosecution in this case."

Mr McCarthy and his friend Brian McMichael captured the public's imagination when the Londonderry Sentinel reported on their secret subterranean exploits two days before Christmas. The two men had begun secretly exploring the network after they opened an aperture in the tunnels masking the noise of their breakthrough with the Apprentice Boy's Parade overhead on at the start of December. They had used an industrial jackhammer, a sledgehammer and a length of iron pole having discovered the possible entrance to the system while cleaning the basement.

Aware that his actions had raised a lot of dust with the authorities, it seems Mr McCarthy remains free to indulge his life-long obsession with Londonderry's underground as no authority in the City has been able to unearth legislation to stop him.