An appeal is expected to be taken today to the Supreme Court against the High Court refusal last week of an injunction to prevent the removal of a medieval ditch at Carrickmines Castle.
Meanwhile, work continued at the site over the weekend, despite a formal complaint that the licence to do so was invalid because the National Museum was not formally consulted. The work is necessary, according to the National Roads Authority, to prepare for the construction of the last section of the M50 motorway.
The complaint was made formally by local Green Party TD Mr Ciaran Cuffe to Cabinteely Garda station. Accompanied by solicitor Mr Ruadhan McKeown, Mr Cuffe told Sgt Angeline Conefry that he believed an offence was being committed. She undertook to contact a senior officer, according to Mr Cuffe.
This followed a visit to the site on Saturday from Mr Eamonn Kelly, the keeper of antiquities at the National Museum, who said he considered the licence to carry out archaeological work was invalid because the museum had not been formally consulted, as was required under law. The licensing authority for such work is Dúchas.
However, Mr Pat Wallace, director of the National Museum, told The Irish Times yesterday he had no comment to make on the matter. "We'll wait until tomorrow," he said.
"Dúchas has confirmed the licence is valid," Mr Eamonn O'Hare, the director of transportation with Dún Laoghaire Rathdown County Council, told The Irish Times. The county council is overseeing the construction of this section of the M50 motorway.
"Our own legal advice is that we are acting within the law. There is no injunction. The protesters sought an injunction last week and it was refused. On Friday the Supreme Court said there was no injunction, so on Saturday we commenced work on the removal of the fosse [medieval ditch]. We'll be there again tomorrow morning."
Mr Cuffe said that he informed Mr O'Hare and the chief archaeologist on the site yesterday that they were acting illegally. "The road can be moved even at this late stage," he said.
The National Roads Authority is not a party to the legal action, but its head of corporate affairs, Mr Michael Egan, told The Irish Times yesterday that it was standing "four square" behind Dún Laoghaire Rathdown County Council. "We have a common agenda to see that projects go through the national approval process," he said. "We have spent €6 million on the archaeological aspects of the work.
"We are satisfied we have approval in accordance with the licence issued by Dúchas. They are the State licensing authority for archaeological work. An application is sent to Dúchas and copied to the National Museum, which happened here. The National Museum has an input by commenting to Dúchas and Dúchas takes the decision. The licence has covered archeological excavation back to August 2000."
He said that the questions now being raised about the licence appeared to be technical ones, related to the transfer of the licence to a different archaeologist when the one named on the licence was on holiday, and to the extension of time.
"I am not aware of a legal necessity to go back to the National Museum on these," he said.
"There is no change in the work being undertaken. The extension of the time was made necessary by delays caused by the Carrickminders. But the fundamentals of the licence have not altered, and the museum was consulted on that. We are satisfied, and we have legal advice, that we have a valid licence."