Joanna Tuffy (Dublin Mid West, Labour)
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As the Minister is aware, a situation arose today at the location of the Rath Lugh monument where, according to newspaper reports, a young woman has chained her neck to a jack in a tunnel and the fear is that if any attempt is made to remove her from the tunnel it could collapse putting her life in danger.

A dangerous situation has arisen at the site. I do not condone people putting their lives at risk in this way but statements from those protesting around the site would indicate that the tunnelling could put the monument at risk in addition to endangering the lives of the protestors and others around the site. I understand other protestors have chained themselves to various obstacles above the tunnels.

The Minister for the Environment, Heritage and Local Government placed a permanent preservation order on the monument recently, the purpose of which is to preserve the monument. Concerns have been expressed by the protestors about the implementation of that preservation order. They are concerned about the works being carried out so close to the monument and whether the proper procedure is being followed in terms of ensuring that the preservation order is followed.

There are two sides to this issue. On the one side is the National Roads Authority and the workmen who are trying to do their job and on the other the protestors. The role of the Department of the Environment, Heritage and Local Government is important in ensuring that the necessary steps are taken to preserve the monument and reassure the protestors, in so far as they can be reassured, that everything is being done to ensure the monument is protected in accordance with the preservation order. The Department must make certain there is ongoing monitoring of the works near the monument to ensure the monument is preserved.

In Opposition the Green Party was against the building of this motorway but its position has changed since going into Government. It is important that if preservation orders are made in respect of archaeological finds along the route they are strongly adhered to and that the Department and the Government does everything in their power to ensure that happens.

The way the M3 motorway project was carried out has been found to be at fault by the European Commission in terms of our monuments legislation and our archaeology. It has referred Ireland to the European Court of Justice because we did not carry out an environmental impact assessment of Lismullen, for example, and our National Monuments Act has been called into question. It is important that situation is rectified as quickly as possible.

What steps are being taken by the Government to ensure this monument is preserved, that there is ongoing monitoring in that regard and proper communicating with people who have concerns about what is being done by the Government and the Minister and his Department to ensure the preservation of this monument? There must be negotiation of some kind also and the Government should put that in place.

I realise we will never address everyone's concerns about this matter and the road is being built but in so far as it is possible we must try to solve the problem through negotiation. I am aware there was negotiation on the site today and an agreement reached that the woman would not be removed from the tunnel on foot of that negotiation.

There are people in the groups who are trying to protect the archaeology of this monument and other monuments along the route. I am sure if they were given the proper reassurances they could provide leadership in this dispute and be satisfied that as much as possible is being done in terms of protecting our archaeology under the current legislation, road orders and so on.

It is important that whatever steps the Government and all the authorities can take to ensure life and health and safety are protected are taken. It is important also that anyone involved in these protests should ensure their fellow protestors do not put themselves at risk in the way that has been done today. There are people at the site who know it is wrong that people would put their lives at risk in this way and they should show leadership in that regard. The Government should work with the people concerned to reassure them in that regard. In that way they can reassure their fellow protestors and that this type of situation will not arise in the future.

Eamon Ryan (Dublin South, Green Party)
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The statutory responsibilities of the Minister for the Environment, Heritage and Local Government regarding the national monument at Rath Lugh, Lismullen, County Meath are those provided for under the National Monuments Acts 1930 to 2004.

The national monument at Rath Lugh is located on an esker which is a ridge of stones, sand and gravel in the townland of Lismullen, County Meath. The entire esker is heavily overgrown with trees and scrub. The overgrowth has been removed where the land take for the M3 motorway cuts the western edge of the ridge. The lands on which the monument is located are owned by Coillte, the semi-State forestry body. The national monuments service has been in contact with Coillte regarding the ongoing and future protection of the monument and has received its full co-operation.

Concern has been expressed about the condition of the monument and that the removal of the overgrowth might destabilise part of the esker with an attendant danger of injury or destruction to the national monument at Rath Lugh. On 28 September 2007, the Minister placed a temporary preservation order on the national monument at Rath Lugh. The temporary preservation order had a six month validity and was due to expire on 28 March 2008. Last week, the Minister made that temporary preservation order permanent.

Arrangements are being made to have the preservation order laid before the Houses and to notify relevant parties of the making of the order.

The area of the monument covered by the preservation order is adjacent to but does not encroach on the lands made available by the National Roads Authority to the company responsible for constructing the M3 motorway. The area of the monument is delineated by reference to national grid co-ordinates in an Ordnance Survey map attached to the order. The temporary preservation order and the preservation order cover the same area, that is, the monument itself and a 20 m buffer zone. Neither order encompasses the entire esker on which the monument is located.

To assess the stability of the esker on which the monument at Rath Lugh is located the Minister commissioned a report from an independent firm of consultants with relevant expertise in this matter. The report from the consultants recommended that a number of precautionary measures be put in place to ensure that the esker is not undermined during the nearby road construction works or in the longer term. The Department has asked the NRA to implement the measures outlined in the consultants' report.

Issues of safety in respect of the M3 construction work sites and adherence to health and safety requirements on these sites, including such works sites in the vicinity of Rath Lugh, are matters for the NRA and the contractors involved. I echo the concerns of Deputy Tuffy regarding the importance of safety at the site.

Joanna Tuffy (Dublin Mid West, Labour)
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There was one question I raised that was not answered.

Jack Wall (Kildare South, Labour)
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Supplementary questions are not allowed under Standing Orders.