Dáil debates

Wednesday, 13 March 2013

1:50 pm

Photo of Dara CallearyDara Calleary (Mayo, Fianna Fail)
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To ask the Minister for Arts, Heritage and the Gaeltacht when he will make a decision on the future development of 1916 Moore Street; and if he will make a statement on the matter. [12982/13]

Photo of Sandra McLellanSandra McLellan (Cork East, Sinn Fein)
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To ask the Minister for Arts, Heritage and the Gaeltacht if he will refuse to sign approval for the plans of chartered land for works on the National Monument at 14-17 Moore Street, in view of the fact that the company is now presenting modified plans which are subject to approval of planning applications which have not yet been submitted by chartered land and in view of the fact that if Ministerial approval is given at this stage there is no guarantee that any such modifications will be made or revised planning applications submitted subsequently; and if he will make a statement on the matter. [13123/13]

Photo of Peadar TóibínPeadar Tóibín (Meath West, Sinn Fein)
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To ask the Minister for Arts, Heritage and the Gaeltacht if he will refrain from making any decision regarding the proposed works on the National Monument 14-17 Moore Street by chartered land in advance of the forthcoming report of Dublin City Council’s Moore Street Advisory Committee; and if he will make a statement on the matter. [13124/13]

Photo of Jimmy DeenihanJimmy Deenihan (Kerry North-West Limerick, Fine Gael)
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I propose to take Questions Nos. 10, 38 and 42 together.

Nos. 14-17 Moore Street are the subject of a preservation order under the National Monuments Acts. The effect of the preservation order is that any works affecting these properties require the consent of the Minister for Arts, Heritage and the Gaeltacht under section 14 of the National Monuments Act 1930, as amended. The landowner’s application to my Department for consent to proposals that include the provision of a commemorative centre to the 1916 Rising and its leaders on the national monument site is being examined.

The approval given by An Bord Pleanála in 2010 for the wider development that includes the national monument site requires the applicant to revert to the planning authority with revised proposals in respect of certain elements of the development. The processes under the Planning Acts and the National Monuments Acts are entirely separate and any requirement or condition imposed under one process stands independently of the other. My consideration of the consent application and the associated environmental impact assessment is being undertaken on that basis.

As part of the consent process under the National Monuments Acts, the applicant was asked by my Department to submit an environmental impact statement on the proposals for the national monument site. This is in accordance with section 14D of the National Monuments Act 1930, as inserted by the European Union (Environmental Impact Assessment of Proposed Demolition of National Monuments) Regulations 2012. The new provision places additional responsibilities on landowners in respect of national monuments protected under the National Monuments Acts. An environmental impact statement was submitted to my Department on 25 January 2013. In accordance with the consultation procedures prescribed in section 14D of the National Monuments Act 1930, it was made available for a five week period to allow for examination by the public and lodgment of submissions or observations with the Department.

In the meantime, the Department has informed the consent applicant that the newspaper notice published on 18 January 2013 on the submission of the environmental impact statement was not compliant with the requirements of section 14D of the National Monuments Act 1930 in that it did not state the nature and extent of the proposed demolition. The applicant has accordingly been required to publish a further public notice, the timing of which is a matter for the applicant. In practical terms, the requirement for a new public notice will recommence the five week period for submissions or observations to my Department on the environmental impact statement. It will be open to Dublin City Council’s Moore Street advisory committee to offer its views on the environmental impact statement during this period. Having completed the prescribed consultation procedures in relation to the environmental impact statement, I will then proceed as quickly as possible to undertake a formal environmental impact assessment and make a decision on the consent application itself.

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Kildare South, Fianna Fail)
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Deputy McLellan comprehensively outlined the importance of the site and I share her views. I appreciate the intricacies of the planning system and the sensitivities involved but can the Minister indicate a definite timeframe in which a decision will be made on Nos. 14-17 Moore Street? It was previously suggested that tripartite meetings should be arranged between the National Museum, the Department and the developer. Have those meetings taken place? Is the Minister in a position to provide a briefing to Opposition spokespersons on the matter? There may be aspects which would be useful for us to learn but he may not want to put them into the public realm.

On the general issue of heritage and the Rising and the revolution, will the Minister consider developing a revolutionary heritage trail in Dublin which might take in significant sites around the city? The sites associated with various artists and writers are an important element of heritage tourism in Dublin and there is similar potential for the history of the Rising.

Photo of Jimmy DeenihanJimmy Deenihan (Kerry North-West Limerick, Fine Gael)
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I understand that Fáilte Ireland is currently developing a heritage trail. I have no problem with arranging a briefing for Opposition spokespersons and anyone else who may be interested. A number of briefings have been provided by the developer, my departmental officials and staff of the National Museum, including to the all-party Oireachtas 1916 centenary committee. I will arrange for an additional briefing for Deputy Ó Fearghaíl.

As we were not happy with the notice, we asked the developer to publish another notice including all the information required to allow people to respond. As soon as that process is complete I will proceed with the final environmental impact assessment. This will involve an examination of the developer's environmental impact statement and the other observations that have been made. It is my function to make a decision which I will then take to the Cabinet. The process has not been delayed by my Department. We had to follow a certain procedure but due to the European Court of Justice judgment the developer had to produce an environmental impact statement. We are complying with all the regulations and ensuring that proper procedures are followed.

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Kildare South, Fianna Fail)
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Notwithstanding all that the Minister has said, is it possible that 2016 will have come and gone before the matter has been resolved?

Photo of Jimmy DeenihanJimmy Deenihan (Kerry North-West Limerick, Fine Gael)
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A decision will be made, whether "Yes" or "No", and after that it will be entirely up to the developer to proceed with the project. Although Nos. 14-17 Moore Street are a national monument, they are in private ownership. The only decision I have to make is whether the developer's proposal for the national monument is suitable and will not damage its integrity in any way. The remainder of the site is a matter for An Bord Pleanála and Dublin City Council.

Photo of Sandra McLellanSandra McLellan (Cork East, Sinn Fein)
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We are only 34 months away from 2016 and the centenary is fast approaching. In the two years I have been in this House, the issue has been on the agenda every Question Time. Is there any chance of getting a definitive answer on when a decision will be made? Are we looking at weeks, months or years? I am beginning to think that if the Government was real about this it would have made a decision by now.

Photo of Jimmy DeenihanJimmy Deenihan (Kerry North-West Limerick, Fine Gael)
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If the Deputy understood the process she would not ask that question.

Photo of Sandra McLellanSandra McLellan (Cork East, Sinn Fein)
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It is really important.

Photo of Jimmy DeenihanJimmy Deenihan (Kerry North-West Limerick, Fine Gael)
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Of course it is.

Photo of Sandra McLellanSandra McLellan (Cork East, Sinn Fein)
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It has been going on for years.

Photo of Jimmy DeenihanJimmy Deenihan (Kerry North-West Limerick, Fine Gael)
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Even if we grant permission -----

Photo of Sandra McLellanSandra McLellan (Cork East, Sinn Fein)
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Cut through the red tape.

Photo of Jimmy DeenihanJimmy Deenihan (Kerry North-West Limerick, Fine Gael)
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----- which the Deputy opposes, it may not happen. It is up to the developer to finance the project. There is also a proposal for the GPO which has more certainty because it can be controlled by the State. I am supporting the GPO proposal along with An Post and the OPW. As regards Moore Street, my only responsibility is to determine whether the proposal by the developer is suitable for Nos. 14-17, which are in private ownership. I have asked the developer to go through various processes in order that I can make a determination. We are going through a legal process and once the necessary information is supplied to me I will make a decision at the earliest opportunity. I hope to make a decision by the end of this Dáil term.

Photo of Mick WallaceMick Wallace (Wexford, Independent)
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I am aware that the Minister's remit is confined to Nos. 14-17 Moore Street. He stated that the remainder of the site is in the hands of An Bord Pleanála, Dublin City Council and the developer but the State, in the form of NAMA, has total control over the site. Nothing will happen without NAMA's permission.

Is it possible that the Department of Arts, Heritage and the Gaeltacht could have influence with NAMA in how the rest of the development takes place, especially given that Moore Lane and Henry Place are pretty significant in addition to 14-17 Moore Street, which is obviously the centrepiece? At the moment we are looking at eight floors in the laneways, and it would be wonderful if there could be some setback in the laneways. Most people agree that the original application was for a very large development and it would not be unreasonable to scale it back somewhat with some setback for the laneways. The Minister has previously told me that his remit is confined to 14-17 Moore Street, but I am sure he might have some influence with NAMA.

Photo of Jimmy DeenihanJimmy Deenihan (Kerry North-West Limerick, Fine Gael)
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Neither my Department nor I had anything to do with the granting of planning permission on this site. I want to make that clear, because there is an insinuation to that effect. All I have to do is to determine whether the proposal for 14-17 Moore Street is suitable for that monument. Planning permission was granted by Dublin City Council and I understand it was more or less unanimous, with no objections at the time it was granted. In 1999 planning permission was granted to demolish every building on it. As I understand there were very few dissenting voices on the previous occasion when permission was granted. It then went to An Bord Pleanála and has gone through all those procedures, which I have nothing to do with. I cannot change the planning permission that was granted on the site. However, in consultation with experts in my Department and the National Museum I can determine whether the proposal for the national monument is a suitable proposal for that site. I will determine that as soon as I get the information I must get because of the legal issues involved. I am following that procedure very carefully because this is very contentious, as the Deputies know. As for the suggestion of contacting NAMA about a specific site, I am sure I would be precluded from doing that.

Written Answers follow Adjournment.