An environmental activist has been granted permission to bring proceedings challenging the treatment of 38 archaeological sites along a stretch of the proposed M3 motorway near the Hill of Tara.
Vincent Salafia wants to test the validity of directions given by Minister for the Environment Dick Roche under the National Monuments (Amendment) Act, 2004. The proceedings are also against Meath County Council.
On June 14th it was reported that preliminary works involving topsoil-stripping and metal-detecting had started under the supervision of a consultant archaeologist retained by Meath council and the Roads Authority.
The Minister, following the issuing of initial directions for archaeological investigations along the motorway route, agreed to changes in those directions in response to a lengthy submission from director of the National Museum Pat Wallace.
Gerard Hogan SC, for Mr Salafia, told Mr Justice McKechnie that his client was seeking a judical review of Mr Roche's directions because they were flawed; they were unlawful because he invoked the wrong subsection of the National Monuments (Amendment) Act, 2004 and they were unconstitutional as the Act does not provide for the adequate protection of any national monuments found during the preliminary archaeological works.
Granting Mr Salafia leave to apply for a judicial review, Mr Justice McKechnie said that “some” may see challenges to State infrastructure projects as acts of “obsrtuction and hinderence”.
“On the other hand it could be seen as a sign of our democracy,” said Justice McKechnie. “I and others see it [legal challenges to State projects] as a price worth paying for our democracy”.