Pat Gallagher (Donegal South West, Fianna Fail)

If the amendment was accepted, section 5 would be deleted. However, the section is at the heart of the legislation, as it contains detailed procedures to be followed in respect of consents and directions, and there is no question of the amendment being accepted.

The Bill does not confer new powers on the Minister for the Environment, Heritage and Local Government. Under section 14(3) of the 1930 Act, it is open to the Minister to grant consent to a wide variety of activities affecting a national monument in the interest of archaeology or for any other reason. The Minister has no additional powers.

When the Oireachtas enacted the national monuments legislation, it envisaged that the Minister of the day could enjoy residual discretion to permit interference with a national monument in cases other than those involving archaeological considerations or issues of public health and safety. This discretion covers matters of public interest, a view that was endorsed by the Supreme Court in the Carrickmines case, which enabled the completion of the south-east motorway while simultaneously providing for the preservation of the archaeological record at the site.

Reference was made to Trim Castle. Development impacts on such sites are dealt with in the normal way through the planning authority and the planning appeals board, as necessary. It would be totally inappropriate of the Minister to interfere with the independence of the planning code. It is open to the Minister to deal with these cases under the National Monuments Acts. With regard to Trim Castle, there was no direct impact on this national monument and, therefore, the question of consent did not arise. The Department is awaiting proposals affecting the site of Clondalkin Round Tower and will make an objective assessment of the merits of the case in due course.

The introduction of this legislation does not necessarily mean the Department has no interest in archaeology. A total of 130 archaeologists were working in the vicinity of Carrickmines Castle at one stage and that is a measure of the Department's commitment. While the Opposition may be critical of the legislation, I have yet to hear one constructive idea as to what could be done. This is similar to building a bridge from an island to the mainland and making a decision not to complete it. It is that ridiculous.

The legislation is realistic, pragmatic and strikes a delicate balance between the provision of necessary infrastructure, which is a tribute to Government policies over many years, and the preservation of national monuments. If economic conditions were not conducive to investment, there may not have been a necessity for the south-east motorway. However, we must progress and we have struck the proper balance in the legislation to allow works to proceed. Not much of the area will be affected. I am reasonable at times and Senator Bannon made a number of suggestions, to which he is totally committed. However, if I accepted the amendment to abolish the section, the heart would be removed from the legislation and that would not serve the national interest. I do not accept the amendment.