The Minister for the Environment John Gormley is to answer questions in Brussels today in relation to the demolition of the national monument at Lismullin, Co Meath, to make way for the M3 motorway.
Mr Gormley is to meet European environment commissioner Stavros Dimas in relation to 37 outstanding legal cases taken by the European Commission against Ireland, including one relating to the Lismullin site.
The commission has taken infringement proceedings against the Government in relation to its failure to fully transpose EU directives on major infrastructural projects into Irish law.
The particular directive relates to environmental impact assessments (EIAs) which must be conducted for any infrastructural project. The Government has chosen to conduct EIAs only at the start of a project and to exclude any demolition works that may arise during the project from a further assessment.
The European Commission wrote to the Government on June 29th stating that this policy is in breach of EU rules. The letter cites the Lismullin case and the decision of the Government to demolish it without conducting an EIA. The Lismullin national monument had not been discovered at the time the original assessment was conducted.
Independent MEP Kathy Sinnott said the letter makes work of the M3 illegal. The discovery of the monument at Lismullin represents a "definite change in circumstances" and means Mr Gormley "can and must" stop the M3 from going through the Hill of Tara.
"According to the European Commission, a material change has occurred in the shape of the monument at Lismullin, which was not taken into account in the environmental impact assessment conducted in 2003. This assessment was on the basis that no national monument lay in the path of the road."
If Mr Gormley does not halt the construction of the motorway now, the Lismullin site will be destroyed and Ireland will face heavy EU fines, she said.
Mr Gormley maintains that he does not have the power to reroute the M3 because decisions in relation to the road are the jurisdiction of the National Roads Authority (NRA).
However, he said he took the commission's letter "very seriously" and he has sought legal advice in relation to its implications. Mr Gormley has two months to respond to the commission's letter but said he hopes to reply as soon as possible.
