Jimmy Devins (Sligo-North Leitrim, Fianna Fail)

I thank the Deputy for raising this issue which I will take on behalf of my colleague the Minister for the Environment, Heritage and Local Government, Deputy Gormley.

In January 2007, Nos. 14-17 Moore Street in Dublin 1 were given strengthened statutory protection as a national monument through the placement on these buildings of a preservation order under the National Monuments Act 1930. The status of the buildings as a national monument derives from the fact that No. 16 Moore Street was the location of the final headquarters of the leaders of the 1916 Easter Rising and it is where those leaders took their decision to surrender. Nos. 14, 15 and 17 Moore Street were included in the preservation order along with No. 16 to protect the amenities of the latter building. The building meets the statutory requirements to be considered a national monument, because its preservation is considered to be a matter of national importance by reason of the historical interest attaching to it. The buildings in question were also included on Dublin City Council's record of protected structures some years ago.

The Planning and Development Act 2000 empowers the relevant local authority to take action to secure the conservation of protected buildings such as Nos. 14-17 Moore Street. It is understood that in late 2005 Dublin City Council required a programme of emergency works to be undertaken to temporarily secure the fabric of these buildings. Objectives in the current Dublin City development plan 2005 to 2011 also provide that it is the city council's policy to seek the conversion of No. 16 Moore Street into a council-owned and administered museum serving both commemorative and educational roles.

The national monument at Moore Street remains in private ownership. In those circumstances, and while considerable effort has been expended to protect this highly significant element of our national built heritage, the Minister for the Environment, Heritage and Local Government is not responsible for the day-to-day maintenance and upkeep of these buildings. These responsibilities fall to the private owners of the buildings.

The Minister, however, has a statutory function which comes into play in regard to any future development of privately-owned national monuments, including their physical adaptation for new uses, or in cases where such monuments may be affected by development in their vicinity. Essentially, the effect of the relevant statutory requirements is that any proposed works affecting the national monument, including any excavation or ground disturbance within, around or in proximity to it require the prior written consent of the Minister for the Environment, Heritage and Local Government before they can proceed. In considering any such applications for consent, the Minister is obliged to consult with the director of the National Museum of Ireland before making a decision in the case. A person who contravenes the provisions of the National Monuments Acts with regard to these ministerial consent requirements is guilty of an offence and liable, upon conviction, to substantial fines or terms of imprisonment.

The Minister is aware of his duty to ensure the protection afforded to the national monument through the statutory provisions of the National Monuments Acts is fully respected and that all persons, in particular, the owners, are fully aware of the legal protection extending to these properties and of their legal obligations in this regard.

The expertise of the Department of the Environment, Heritage and Local Government in matters relating to archaeological protection and architectural conservation is available to provide any relevant advice sought by the buildings' owners or agents on matters relating to the conservation and protection of the buildings on Moore Street. To this end, informal discussions have taken place, wholly on a without prejudice basis, between officials in the Department and the agents responsible for preparing proposals for the re-development of the area in which the buildings on Moore Street are located. These discussions took place primarily with a view to ensuring the owners and their representatives are fully aware of and responsive to the legal requirements attaching to the preservation order. They also have been advised of the relevant statutory requirements relating to ministerial consent to any works affecting the monument.

The Minister is satisfied that Nos. 14-17 Moore Street are comprehensively legally protected both through the National Monuments Acts and within the planning code. As a prescribed body under Article 28(1 )(c) of the Planning Regulations 2001 the Minister for the Environment, Heritage and Local Government must be notified by a local authority of any proposed development likely to impact on the built or natural heritage. In the context of any such referral in the future it is the Minister's intention to carefully consider the potential impact on the monument of any re-development proposals for the area in which the national monument in Moore Street is located.

If in due course proposals come before the Department seeking the consent of the Minister for works affecting or in proximity to these buildings he will consider such proposals, in consultation with the director of the National Museum of Ireland, with a view at all times to ensuring the national monument is preserved for the future and, if possible, enhanced. The Minister is satisfied, therefore, that the Department will have ample opportunity to make an input into any future development proposals in regard to or affecting Nos. 14-17 Moore Street.

I assure the Deputy and the House that the Minister is determined to protect the national monument to the fullest extent of his power, acting in the best interests of securing the integrity of No. 16 in particular into the future.

See this speech in context