Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Question 89: To ask the Minister for the Environment, Heritage and Local Government the reason he made the decision to use his powers under the National Monuments Acts to make a temporary preservation order for the Rath Lugh promontory fort near Tara; if there are implications for the construction of the M3; and if he will make a statement on the matter. [23019/07]

John Gormley (Dublin South East, Green Party)
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Under the provisions of section 4 of the National Monuments (Amendment) Act 1954, a temporary preservation order may be placed on a national monument that appears to me to be in immediate danger of injury or destruction. Such orders are invoked as an interim protective measure to deal with immediate threats to monuments and have a finite duration of six months. Upon their expiration, such orders may be renewed or alternative measures to protect the monument in the longer term may be put in place.

On the basis of the advice available to me, I was satisfied there was a risk of damage to the national monument known as Rath Lugh, a hill-top enclosure in the townland of Lismullin, County Meath. Given its archaeological importance, I placed a temporary preservation order on it on 28 September 2007. Prior notification of my intention in this regard was sent to the registered owner of the lands on which the monument is located, Coillte Teoranta. My Department will engage with Coillte in the coming weeks to consider how the monument can best be protected in the longer term.

The site of the monument is delineated and defined on a map annexed to the order and is adjacent to, but outside, the lands on which the M3 motorway is to be constructed.

In the exercise of my statutory functions in the protection of national monuments, I am concerned to ensure that the construction of the motorway does not damage the monument itself. I am also anxious to ensure that construction works do not destabilise the esker or ridge on which the monument is located and thus have the effect of causing damage to the monument. With this in mind, it is my intention to continue to monitor conditions in the vicinity of the site of the monument at Rath Lugh to ensure that no damage occurs thereto. I have also asked my Department to commission a report from an independent company of geotechnical consultants on the stability of the esker and I await their report on this aspect of the matter.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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I congratulate the Minister for the Environment, Heritage and Local Government, Deputy John Gormley, and his Ministers of State, Deputy Batt O'Keeffe and Deputy Tony Killeen, on their appointment and wish them well in their roles. This is the first chance I have had to do so.

I asked the Minister whether the temporary preservation order he issued on 28 September would have any implications for the construction of the M3 motorway. What is the position of the Minister and Green Party on the construction of the motorway in view of all the statements they made about it before the election last May? Members of the Green Party, particularly Deputy Ciarán Cuffe, called for the construction of the motorway to be stopped. Is the Minister in favour of the new motorway programme and has he further concerns over Rath Lugh that will further delay the project?

John Gormley (Dublin South East, Green Party)
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I thank Deputy Phil Hogan for his good wishes and wish him well in his new portfolio. I also wish well the Labour Party spokespersons, Deputies Joanna Tuffy and Ciarán Lynch.

My primary function as Minister responsible for heritage is to protect our archaeological heritage and this is what I intend to do. On taking office, I said I would not only conduct an archaeological review but also err on the side of caution regarding archaeological heritage. I appointed an expert on Tara, Professor Conor Newman, with whom Deputy Phil Hogan might be familiar. Deputy Shane McEntee certainly knows him because they have spoken on many occasions. Deputy McEntee knows Professor Newman has an exemplary record in respect of heritage in the area and the latter has spoken very highly of the Deputy.

Shane McEntee (Meath East, Fine Gael)
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He was well trained in Nobber.

John Gormley (Dublin South East, Green Party)
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He probably was. He was part of the Discovery Programme for quite a long time and it was he who came to me to offer advice regarding Rath Lugh.

Rath Lugh is on a quite large esker. Professor Newman's immediate concern was that the construction works could undermine the esker despite its being outside the road take. He also discovered that the national monument was probably closer to the road than had been anticipated. I took this into account. I was told by the Department that some of the growth on the esker itself could undermine the national monument and this is why I acted on the matter.

The Deputy knows quite well that the decision on the M3 was taken in 2003. My party was opposed to the motorway and this is a matter of historical record. Some of my closest advisers attended the hearing. Deputy Hogan knows well that I cannot, at this stage, do anything about the decision but I can do everything I can as Minister responsible for heritage, which title I take very seriously, to protect our archaeological heritage. I listened very carefully to what Professor Conor Newman said about Lismullin and to the statements of the director of the National Museum of Ireland, Dr. Pat Wallace. These two individuals were opposed to the siting of the road and share my concern over archaeological heritage. That is why I am delighted they are on board and advising me.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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We are all in favour of protecting the heritage of the land and ensuring the existence of appropriate infrastructure to allow commuters to go to and from their places of work and recreation. Were the issues to which the Minister refers, including that of Rath Lugh, not flagged by the national monuments section of his Department while the route appraisal was being undertaken a long time ago? Who marked out the site to allow the M3 to be constructed? Who will take responsibility for the fact that the Minister must issue a temporary preservation order at the eleventh hour?

John Gormley (Dublin South East, Green Party)
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I appreciate that the Deputy's party is in favour of construction of the M3 motorway. It was a central plank of the Deputy McEntee's by-election campaign. The construction of a motorway is a matter for the National Roads Authority in the first instance. The authority has said that, as far as it is concerned, there is no potential for damage to the national monument, but I, as Minister responsible for heritage, must act in the best interest of our archaeological heritage. I said I would err on the side of caution and that is why I adopted the approach in question, with which most people interested in archaeology would agree. This is what people have said to me and why I acted the way I did.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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In view of the significant archaeological assessment of the route in advance of any contract being signed or National Roads Authority involvement, who marked out the site to give the Minister and the authority the wherewithal to proceed?

John Gormley (Dublin South East, Green Party)
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The matter is dealt with by my Department. It has the best qualified staff and they are doing an excellent job. I decided to add to this by——

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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They marked it incorrectly.

John Gormley (Dublin South East, Green Party)
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Not at all. They are doing excellent work. This is not just a matter of archaeology as it relates to the esker itself.