Pat Gallagher (Donegal South West, Fianna Fail)

I will deal with that. The Bill provides that ministerial directions affecting approved road developments must be sent to An Bord Pleanála. Those are additional safeguards not provided under existing legislation. Senator Brian Hayes made a reasonable point about the turnaround time regarding national monuments. Of course, the Department is obliged to consult the museum on approximately 2,000 licence applications per annum. The typical turnaround time is 14 days. In extenuating circumstances where that is not considered adequate there is provision for agreement on another period if necessary. I have no doubt that the Minister of the day would be prepared to grant that time.

I will briefly refer to other road schemes. The route of the M3 from Clonee to Kells is further away from Tara than the existing national route. Only two known sites will be impacted upon. Initial testing reveals some new sites but no evidence to date that those are national monuments. Such new sites can be dealt with efficiently under the Bill by ministerial directions. Reference was made to the M25 at Woodstown in Waterford. An important Viking site has been uncovered during testing. Options are being examined by the National Roads Authority. It appears to have no interest judging by what the Opposition says, but I do not accept that view. The National Museum is also examining options. The new Bill will allow the site to be dealt with by ministerial directions after consultation, once again with the National Museum.

It has been suggested that this Bill would reduce protection for our monuments. That is totally incorrect. The Bill aims to achieve the streamlining of a procedure, which, as it stands, is unwieldy and time consuming. The proposed system for protecting archaeological heritage through consents or by direction is intended to provide flexible responses to several potential situations. The Minister and I will continue to be advised by the professional archaeologists on our staff. In granting consent or issuing directions, we will continue to consult the National Museum. We have access to a great deal of advice from professionals in the Department. The Minister, Deputy Cullen, and I value that advice.

Dúchas still has its staff and it is incorrect for Senator Ulick Burke to claim that it has effectively been abolished. It was never an autonomous entity and was always answerable in the past to the appropriate Minister. Before it came under the aegis of the Department of the Environment, Heritage and Local Government it was under the remit of the Department of Arts, Heritage, Gaeltacht and the Islands.

Reference was made to looking to other parts of Europe. The arrangements for protecting this country's heritage and built environment are envied by other countries in Europe. This is amply demonstrated by the fact that only 100 excavations may be undertaken annually in countries much larger than Ireland while many more than that are undertaken here. We do not need to look to the situation in other countries, rather other countries are looking with envy at the situation that pertains here.

On penalties, the indication that we are increasing the penalties on indictment from €62,000 to €10 million is ample illustration of this Government's determination to demonstrate that breaches of the legislation will be dealt with seriously.

There was a suggestion that there should be consultation with An Bord Pleanála. The role of this body is covered by the provisions of the Planning and Development Act 2000 and the Roads (Amendment) Act 1997 and there is no incompatibility in this Bill. If the direction of the Minister for the Environment, Heritage and Local Government regarding the approval of a road scheme requires a material alteration to the scheme, An Bord Pleanála can subsequently require that an environmental impact assessment be undertaken for that alteration.

This legislation represents a fair balance between protecting our heritage and ensuring we can continue to provide much needed infrastructure. I ask Senators to bear in mind my point regarding the two sections of road that could not be connected. I have heard no credible alternatives from the Opposition benches on this case.