The National Museum of Ireland has said it would not have agreed with the issuing of an excavation licence for Carrickmines Castle had it been better informed about the site.
The statement was made in a letter from Mr Eamonn P. Kelly, keeper of Irish antiquities at the museum, to the Dúchas director of monuments on December 19th last. It was released under the Freedom of Information Act.
It was one in a long series of letters from the museum to Dúchas, expressing concern about the south Dublin site and seeking more information.
The site became controversial after an archaeological dig was carried out prior to the construction of the South Eastern Motorway through part of the castle lands. The dig found a wealth of artefacts, including pottery, bones, leather shoes and well-preserved castle defences.
The Minister for Transport, Mr Brennan, approved the construction of the motorway in September, with some alterations. Protesters objecting to the plans were ordered off the site on Monday by the High Court. However, next Monday, the High Court will hear an application from the protesters for an interlocutory injunction to stop work on the castle lands.
In his letter, Mr Kelly said he had "no doubt" that Dúchas would have been obliged to call for a redesign of the motorway had it been made aware of the full extent and importance of the site in 1996.
He said the Environmental Impact Assessment undertaken by the consultant archaeologists Valerie J. Keeley Ltd appeared to overlook "certain crucial basic sources".
These sources included a first edition ordnance survey map, which showed the location of the castle grounds and a revetted fosse, or walled ditch. Thus the excavation directors were unaware of the "full scale of the monument" when they began their work, he said. "What I can say with some authority is that I do not believe the National Museum would have given its full assent to the issuing of a licence to undertake the full excavation of the site had this institution been made aware of the reality of what was proposed," Mr Kelly wrote.
It is a legal requirement that the National Museum is consulted before an archaeological excavation licence is issued.
Yesterday, a spokeswoman for Ms Valerie Keeley said queries concerning Carrickmines should be referred to Dún Laoghaire- Rathdown County Council.
Mr Eamonn O'Hare, the council's director of transportation, said the council was satisfied it had "complied with all legal requirements in relation to archaeological excavation and works in Carrickmines and any other site along the South Eastern Motorway".
A spokesman for Dúchas said the agency was "more than happy" all archaeological mitigation work had been carried out satisfactorily and anything that could be preserved was preserved.