Eamon Gilmore (Dún Laoghaire, Labour)
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Question 57: To ask the Minister for the Environment, Heritage and Local Government when he intends to decide on the application submitted to him from the roads authority for carrying out a programme of archaeological works and mitigation measures along the proposed route of the M3 through the Tara-Skryne valley; if he has received a letter from the director of the National Museum setting out his serious concerns on the implications of the proposed route; if he has responded to the letter; if he intends to publish the letter; and if he will make a statement on the matter. [11278/05]

Dick Roche (Wicklow, Fianna Fail)
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I thank the Deputy for tabling this question and giving me the opportunity to address some of the mythology which has been rampant in recent days. The National Monuments (Amendment) Act 2004 provides that, where a motorway scheme has been approved by An Bord Pleanála, associated archaeological works or excavations that are to be undertaken in connection with the approved road must be carried out in accordance with directions issued by the Minister for the Environment, Heritage and Local Government following consultation with the director of the National Museum of Ireland. This procedure is designed to ensure that appropriate standards apply to carrying out such archaeological works.

In the case of the M3 motorway, an application for carrying out a programme of archaeological works and mitigation measures along a portion of the route in the vicinity of Tara has been made by the roads authority to my Department and is at present being considered. I have, in accordance with the Act, consulted the director of the National Museum of Ireland and have received a reply with comments on the directions. The reply also raises other issues. I have asked my Department's chief archaeologist to report to me on the matters the director raised. I intend to make my decision on those advices as soon as possible. When I have made my decision all the papers relating to the directions, including the letter from the director, will be available in accordance with the provisions of the Freedom of Information Acts.

Eamon Gilmore (Dún Laoghaire, Labour)
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I welcome that the material will be available under the Freedom of Information Act after the Minister has made his decision. Will he publish the correspondence from the Director of the National Museum now, as this is a matter of public interest? As he is aware, the Director of the National Museum was prevented from attending the Oireachtas committee to say what he thought of this. Can the Minister be more specific as to when he will make a decision on this matter? This issue has been around since well before Christmas and I am surprised the Minister has not advanced it further than he has.

Will he acknowledge that he has discretion in the decision on whether to grant consent in respect of the M3? Will he confirm that position? I have a copy of the Act. Some of the press reports of what the Minister said, which I acknowledge may not be entirely accurate, have tended to suggest that he is giving a line that his hands are tied by the An Bord Pleanála decision and that he is a minor actor in this area. Will he confirm that the decision as to whether consents are granted in respect of the M3 are at his discretion and that should he chose to issue a direction or make a decision which is at variance with the road scheme An Bord Pleanála approved, there is a procedure in the National Monuments Act that the matter will go back to An Bord Pleanála? Rather than it being a case that the Minister is entirely in the hands of An Board Pleanála and the roads authority on this matter, the reverse is the case. It is important that the Minister would confirm that he is the decision maker on this and that the decision on the requests made by the National Roads Authority are at his discretion.

Dick Roche (Wicklow, Fianna Fail)
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I wish to correct a point the Deputy made. I am sure he inadvertently said that this matter has been around since well before Christmas. As it turns out, I met the director and we had a consultation meeting on——

Eamon Gilmore (Dún Laoghaire, Labour)
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When did the Minister get the request from the National Roads Authority?

Dick Roche (Wicklow, Fianna Fail)
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I met the director on 1 March. That was when——

Eamon Gilmore (Dún Laoghaire, Labour)
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When did the Minister get the request from the National Roads Authority?

Dick Roche (Wicklow, Fianna Fail)
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If the Deputy was to let me reply I would give him a comprehensive answer. I met the director as soon as the directions were prepared in my Department and I handed them over in their totality. The director gave me a comprehensive response and that has gone back to the chief archaeologist. It is not true to say that this issue has been hanging around since before Christmas.

Eamon Gilmore (Dún Laoghaire, Labour)
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When did the Minister get the request from the National Roads Authority?

Dick Roche (Wicklow, Fianna Fail)
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With regard to——

Eamon Gilmore (Dún Laoghaire, Labour)
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I will ask this question as a formal supplementary if the Minister wishes.

Dick Roche (Wicklow, Fianna Fail)
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I am telling the Deputy that is not relevant.

Eamon Gilmore (Dún Laoghaire, Labour)
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When did the Minister get the request from the National Roads Authority?

Dick Roche (Wicklow, Fianna Fail)
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When I got the request from the National Roads Authority it was submitted in the appropriate manner to the officials of my Department.

Eamon Gilmore (Dún Laoghaire, Labour)
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When did the Minister get it?

Dick Roche (Wicklow, Fianna Fail)
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I will let the Deputy have the exact details.

Eamon Gilmore (Dún Laoghaire, Labour)
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Was it before Christmas or after it?

Dick Roche (Wicklow, Fianna Fail)
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Yes.

Eamon Gilmore (Dún Laoghaire, Labour)
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Was it before Christmas?

Dick Roche (Wicklow, Fianna Fail)
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Yes, but that is not the issue.

Eamon Gilmore (Dún Laoghaire, Labour)
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Then this was an issue before Christmas.

Séamus Pattison (Carlow-Kilkenny, Labour)
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Allow the Minister to reply. The Minister is in possession.

Dick Roche (Wicklow, Fianna Fail)
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The Deputy is being foolish as he always is.

Eamon Gilmore (Dún Laoghaire, Labour)
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No, I am not.

Ciarán Cuffe (Dún Laoghaire, Green Party)
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The Minister should withdraw that remark.

Dick Roche (Wicklow, Fianna Fail)
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The reality is that the directions reached the director of the National Museum on 1 March. He gave me a comprehensive response and that is with the chief archaeologist. Those are the facts.

Deputy Gilmore kindly quoted the National Monuments Act. The position is as stated in the Act. The Deputy has a copy of it and can consult it. Under the Act, where there is an approved scheme, any works of an archaeological nature connected with that scheme would be carried out in accordance with directions I issued. The directions allow for proper standards to be specified for carrying out the archaeological works. My role is limited to issuing of directions on works that can be carried out along with the approved road network. I make it clear, and have done so in an abundance of press statements in recent weeks, that I have no intention of abusing that power. I will act within the provisions of that Act very specifically.

With regard to the suggestion, which has been frequently made in public comment, that I should issue requirements for alteration of the route of the M3, the Deputy and other Members present know that is not within my remit. That is primarily a matter for the NRA and the Meath County Council. My role relates specifically to regulation of the archaeological works to be carried out in connection with the approved road. The House, including the Deputy, can be assured that I will focus, to the letter, on the requirements as laid on me by the National Monuments (Amendment) Act 2004.

Eamon Gilmore (Dún Laoghaire, Labour)
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I thank the Minister for acknowledging, however grudgingly, that he got the request from the National Roads Authority prior to Christmas, as I put it to him originally.

In respect of his powers under the National Monuments Act, will he confirm that its provisions are expressed in the terms that he may grant a consent at his discretion, which also means that he could decide not to grant a consent, which is also at his discretion? In respect of any consent or direction he might make in regard to the M3, if that involves a change in the motorway scheme, there is a procedure under section 14(b) of the amended Act to give those directions to a road authority, the road authority then informs An Bord Pleanála and it has certain steps to take where it involves a change in the road scheme. I again invite the Minister to confirm that it is at his discretion, first, not to issue the consents and, second, to give directions, as Minister with responsibility for heritage, in respect of Tara, and if that requires changes to be made to the road scheme, that is provided for in the National Monuments Act by way of a communication to An Bord Pleanála. Will the Minister confirm that is the position?

Dick Roche (Wicklow, Fianna Fail)
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I have already said to the Deputy that the position I have in law is set out clearly in the National Monuments Act.

Eamon Gilmore (Dún Laoghaire, Labour)
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That is correct and the Minister has a free hand and discretion.

Dick Roche (Wicklow, Fianna Fail)
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I have also said on numerous occasions that I will not use the powers I have under it to second-guess a planning process that has already been exhaustively pursued in that regard.

Eamon Gilmore (Dún Laoghaire, Labour)
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The Minister has wide powers under it.

Dick Roche (Wicklow, Fianna Fail)
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I made it very clear that I will operate on the advices I have received and they will be accommodated.

Eamon Gilmore (Dún Laoghaire, Labour)
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The Minister is prejudging it now.

Dick Roche (Wicklow, Fianna Fail)
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The Deputy is correct that the NRA submitted the material before Christmas. The material had to be examined in the Department.

Séamus Pattison (Carlow-Kilkenny, Labour)
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We must move on to Question No. 58.

Dick Roche (Wicklow, Fianna Fail)
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The Department had to produce its review and it was passed appropriately and as soon as possible to the National Museum. The director of National Museum gave me a comprehensive response and I would do less than justice to him if I were to say——

Séamus Pattison (Carlow-Kilkenny, Labour)
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I call Question No. 58.