Seanad debates

Tuesday, 11 November 2003

Adjournment Matters. - Architectural Heritage.

 

The opposite is about to be done with Carrickmines Castle. Apparently no amount of appeals to the Minister will make him change his mind on the path of the M50 motorway. What is sad about this situation, with his efforts before the Oireachtas to annul the Supreme Court judgment, is that he is acting as judge and jury in his own case. There is an old legal saying that one cannot act as judge and jury in one's own case –nemo iudex in causa sua. He is acting in this way because as Minister for the Environment, Heritage and Local Government he is responsible for national monuments. He must have decided it was a national monument as he intends to have it knocked down under a section of the National Monuments Act. At the same time, in his capacity as Minister with overall responsibility for the road network, he is consenting to what is being done on the basis that it is necessary. He says he is acting in the national interest but there is nothing in the national monuments plan which states one can demolish, destroy or devastate anything in the national interest. I do not understand why he decided to do that. Legally, national monuments can only be damaged where it furthers the interests of archaeology in that area.

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