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National Monuments (Amendment) Bill 2004: Second Stage. (17 Jun 2004)

Eamon Gilmore: I also wonder why he did not approach it in a different way. The problem which has given rise to the legislation was, as the Minister said, that the Supreme Court stated a "technical glitch" had arisen in the Ministers and Secretaries Acts which found that the transfer order was invalid. If there is a "technical glitch" in legislation the quickest way to deal with that is to bring in primary...

National Monuments (Amendment) Bill 2004: Second Stage. (17 Jun 2004)

Eamon Gilmore: Perhaps the Minister will explain at a later stage why he did not simply address the "technical glitch" rather than bring in a Bill which as I indicated in an earlier contribution today has wider ramifications. We now have a situation in Carrickmines in which two ends of the M50 motorway are virtually complete but cannot be joined up in the middle. Whatever view one may take of the history of...

National Monuments (Amendment) Bill 2004: Second Stage. (17 Jun 2004)

Eamon Gilmore: The only restraint placed upon the Minister in exercising that power, at his discretion, is that he must consult in writing with the director of the National Museum. The director must then reply within 14 days. Can Members imagine the National Museum having to make a case within 14 days in respect of a major archaeological find or an archaeological issue which might arise? That is absolutely...

National Monuments (Amendment) Bill 2004: Second Stage. (17 Jun 2004)

Eamon Gilmore: The Bill also refers to matters to which the Minister may have regard. Some of these relate to archaeological or heritage protection, the environment, the policy of Government — whatever that might be at a particular point — cost implications, etc. It is clear that the Bill is a prescription to allow the Minister to order that an archaeological obstacle to a particular development be...

National Monuments (Amendment) Bill 2004: Second Stage. (17 Jun 2004)

Eamon Gilmore: It is not grossly unfair. The Minister gave the game away at the beginning of his contribution when he stated that the protection of our archaeological heritage has been a primary concern of Government since the foundation of the State. That is true and it is to the credit of previous Governments that such a priority, in times when the country was poor, was given to the protection of our...

National Monuments (Amendment) Bill 2004: Second Stage. (17 Jun 2004)

Eamon Gilmore: The Minister proceeded to state that there is no doubt that the scale of development in recent years, as a result of our economic success, has presented a greater challenge to the protection and preservation of our archaeological heritage. What the Minister is saying is that while the protection of our archaeological heritage was a primary concern of the State in the past, now that we are a...

National Monuments (Amendment) Bill 2004: Second Stage. (17 Jun 2004)

Eamon Gilmore: That is what it comes down to — allowing for archaeological and heritage considerations to be given a secondary or subsidiary consideration when development works are being undertaken. The Bill will have more significance for the forthcoming road development at Tara and Skryne, the proposed development of the M3, than it will have for Carrickmines. Archaeologists and historians have been...

National Monuments (Amendment) Bill 2004: Second Stage. (17 Jun 2004)

Eamon Gilmore: I know nothing of the kind.

National Monuments (Amendment) Bill 2004: Second Stage. (17 Jun 2004)

Eamon Gilmore: I am not.

National Monuments (Amendment) Bill 2004: Second Stage. (17 Jun 2004)

Eamon Gilmore: I do not know that the archaeological finds of that area are, as the Minister put it, "minor".

National Monuments (Amendment) Bill 2004: Second Stage. (17 Jun 2004)

Eamon Gilmore: Neither does the Minister. What I know is that respected archaeologists using the modern techniques of geophysics have reported significant archaeological finds along the route of the proposed motorway.

National Monuments (Amendment) Bill 2004: Second Stage. (17 Jun 2004)

Eamon Gilmore: They also suggested these finds cannot be looked at simply as individual and unrelated finds that may be impacted upon by the construction of the motorway but that they form part of the total archaeological collection in that area. They pointed out that the concerns which they raised during the environmental impact study, EIS, process were not taken into account and given adequate weight....

National Monuments (Amendment) Bill 2004: Second Stage. (17 Jun 2004)

Eamon Gilmore: They are saying nothing more than that before development work takes place on that motorway, it should be re-examined.

National Monuments (Amendment) Bill 2004: Second Stage. (17 Jun 2004)

Eamon Gilmore: That is a reasonable proposition.

National Monuments (Amendment) Bill 2004: Second Stage. (17 Jun 2004)

Eamon Gilmore: The more the Minister interrupts——

National Monuments (Amendment) Bill 2004: Second Stage. (17 Jun 2004)

Eamon Gilmore: I have no objection to the Minister interrupting me because——

National Monuments (Amendment) Bill 2004: Second Stage. (17 Jun 2004)

Eamon Gilmore: ——both the content and tone of the Minister's interruptions are such that he is displaying the prejudice he will bring to bear when an issue relating to archaeology arises, if he is still Minister for the Environment, Heritage and Local Government when that motorway is under construction. He has already decided that these are minor archaeological finds.

National Monuments (Amendment) Bill 2004: Second Stage. (17 Jun 2004)

Eamon Gilmore: The Minister does not know.

National Monuments (Amendment) Bill 2004: Second Stage. (17 Jun 2004)

Eamon Gilmore: I do not want to re-visit matters the Ceann Comhairle might not wish to revisit, but we really cannot win on this side of the House. I do not disagree with what the Minister has to say in terms of the principle of having a balanced look at the issues associated with the Hill of Tara and Skryne. If, as the Minister says, he will re-examine the matter, I would be happy with that. However, as I...

National Monuments (Amendment) Bill 2004: Second Stage. (17 Jun 2004)

Eamon Gilmore: To my knowledge he is the first Minister for the Environment, Heritage and Local Government who ignored the advice he was given in respect of a number of developments where his heritage officials recommended he should appeal developments to An Bord Pleanála and he chose not to. One of these was the development at Trim Castle.

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