John Gormley (Dublin South East, Green Party)

I thank the Deputy for raising this issue.

The statutory role of the Minister for the Environment, Heritage and Local Government in respect of an approved road development lies in the issuing of directions as to how works of an archaeological nature are to be carried out on an approved route. The recent determination of statutory directions by my predecessor, Deputy Roche, arose in circumstances where a national monument was discovered during the carrying out of archaeological works on the approved route of the M3. The discovery was made subsequent to the approval of the road development by An Bord Pleanála. Neither that approval nor the environmental impact statement prepared for the scheme dealt with what was then an unknown monument.

I first knew of Deputy Roche's directions when I received a text in this Chamber on the evening of Thursday, 14 June. Neither I nor any of my party colleagues had any prior contact with Deputy Roche on this issue. On 15 June 2007, following my appointment as Minister for the Environment, Heritage and Local Government, I examined my Department's file regarding the directions given to the National Roads Authority on the Lismullen national monument. In making the directions in question, the then Minister followed the procedures prescribed under the National Monuments (Amendment) Act 2004.

I have received unequivocal legal advice from the Attorney General that, without a change in the material circumstances relating to the newly discovered monument, it is not open to me to review or amend the directions given by my predecessor. I am aware of media reports in recent days of apparent new national monuments discovered near the site of the national monument at Lismullen. These were reported to the Department of the Environment, Heritage and Local Government in early May and I have been informed that they are not regarded as national monuments. I have asked the director of the National Museum for his advice in respect of these souterrains.

The House may be also aware of the recommendation of the director of the National Museum that a special committee should be quickly installed to ensure excavation of the national monument at Lismullen is carried out to the highest and most transparent standard. This recommendation has been accepted and is referred to in the directions. The national monuments service of my Department, Dr. Pat Wallace, director of the National Museum, the National Roads Authority and Professor Gabriel Cooney, head of the school of archaeology at UCD, are represented on the committee. At my request, Dr. Conor Newman of the department of archaeology at NUI Galway, recognised as an expert on Tara, has also agreed to join the committee. Last week I visited the Tara-Skryne valley with Dr. Conor Newman and Dr. Pat Wallace.

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