An environmental activist will ask the High Court on Monday for leave to bring proceedings challenging directions given by the Minister for the Environment regarding the treatment of 38 archaeological sites along a stretch of the proposed M3 motorway near the Hill of Tara.
Vincent Salafia, one of several environmentalists and archaeologists who have expressed concerns over the impact of the road on the archaeological landscape surrounding the Hill of Tara, wants to test the validity of Mr Roche's decisions under the National Monuments (Amendment) Act, 2004. The proceedings are also against Meath County Council.
In the High Court yesterday, Gerard Hogan SC, for Mr Salafia, told Mr Justice John Quirke his client wished to apply for leave to pursue judicial review proceedings. This was an urgent matter concerning directions given by the Minister on May 11th.
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.
More time is to be made available to the archaeologists to carry out their excavations and, should anything that might qualify as a national monument be discovered, works affecting it will stop, pending further consideration.
However, Mr Salafia's legal representatives have written to the Minister, the NRA and Meath council warning against any work taking place at the sites.
"The purpose of this letter is to remind you and other agencies of the State of the vital interests which are at stake, and to express the belief that you will not countenance any acts which will impact in any way on heritage artefacts prior to the institution of these proceedings."
Activists had called on Mr Roche to issue directions ordering the full preservation of the sites, which would require the rerouting of the road away from the Tara site.
Dr Wallace had advised the Minister to issue a preservation order for the area around Tara. Documents released under the Freedom of Information Act showed the Minister had told his department's archaeological adviser, Brian Duffy, he was "very anxious" to incorporate Dr Wallace's points in his decision.
In relation to Dr Wallace's opposition to routing the M3 past Tara, the Minister said this was "an issue already decided in the planning process" which he could not reverse, given his role under the National Monuments Act.