Minister for the Environment John Gormley has defended Ireland's record in protecting its heritage following an EU decision to begin legal action over matters linked to the construction of the M3 motorway.
As campaigners opposing the motorway yesterday vowed to seek a High Court injunction against the works, Mr Gormley reiterated that he had no power to order the Government to re-route the controversial M3 road, which passes close to the Hill of Tara.
"In terms of the actual route of the road this is a matter for the National Roads Authority (NRA) and the Minister for Transport. I have no hand, act or part in whether the road can be rerouted," said Mr Gormley, who added that there were clear differences of legal opinion between the European Commission and the Government.
"There have been High Court and Supreme Court judgments on this point, and it is the view of the Attorney General that our legislation is in line with EU law," he said.
Nevertheless, Mr Gormley said he had begun a full review of all aspects related to archaeological policy, which would also look at the National Monuments Act.
Mr Gormley was reacting to a decision yesterday by the European Commission to refer Ireland to the European Court of Justice (ECJ) over the manner in which the Government has proceeded to build the M3 motorway.
In a decision endorsed by all 27 EU commissioners, environment commissioner Stavros Dimas said he was disappointed that Ireland had not accepted the commission view that it needed to amend its national legislation to better protect its heritage.
"Improvements are needed in its [ Ireland's] legislation on impact assessments in order to better safeguard, and give the public more say in decisions affecting, its rich archaeological heritage, and to better guarantee that industrial projects will be comprehensively assessed," added Mr Dimas in a published statement.
Mr Gormley said he could not prejudge his review of archaeological policy or the case before the ECJ. He said it was possible that the policy review would recommend changing the National Monuments Act. One of the key issues identified by the commission was that this Act allowed work to proceed on projects without new environmental impact assessments being undertaken when monuments were found.
The campaign group TaraWatch yesterday called on the Government to "immediately cease" works on the Lismullin national monument until the matter has been resolved in the ECJ.
Vincent Salafia, a spokesman for the group, said its supporters will lodge an interlocutory injunction to prohibit works on the site with the High Court. He declined to say who would be lodging the application, but confirmed that he would not be doing so personally. Independent MEP Kathy Sinnott welcomed the commission's decision to take legal action against the Government.
"I only hope that it is not too late for Tara," she said.