Noel Dempsey (Meath West, Fianna Fail)

Amendment No. 88 concerns the development and operation of railways at St. Stephen's Green. A number of Transport 21 projects will have an impact on St. Stephen's Green. They include metro north, the DART interconnector, the cross-city Luas link and possibly the Lucan Luas — but that depends on the route chosen. The current definition of St. Stephen's Green extends outside the perimeter railings to include the surrounding footpath. The St. Stephen's Green Dublin Act 1877 vests ownership of the park in the State and statutory responsibility for it lies with the Minister for the Environment, Heritage and Local Government.

Section 15 of the Act governs the management of the park and, in regard to the use of the green, it requires that the Office of Public Works maintain it as a park for the recreation and enjoyment of the public and not for any other purpose. There is no mechanism within the Act currently for permission to go outside the scope of the provision. Both the physical scale and the timescale for the completion of the Transport 21 projects, as well as their longer term physical impacts on the green, raise the question of whether the RPA and Iarnród Éireann would have the legal vires to carry out the required works in the green for the proposed metro north and DART interconnector stations. The advice of the Attorney General is that an amendment to the 1877 Act is required to overcome the restriction in section 15. The proposed amendment has been agreed with the Minister for the Environment, Heritage and Local Government.

Paragraph (a) allows the RPA and Iarnród Eireann to carry out surveys and inspections of the green for the purposes of preparing an application to An Bord Pleanála for a railway order. Paragraph (b) allows the RPA and Iarnród Eireann to carry out railway works pursuant to a railway order on or under the green. These works would include the excavations and construction necessary for the metro north and DART interconnector stations. Paragraph (c) allows the RPA and Iarnród Eireann to operate the metro and DART following construction. The timescale for commencing the construction works for metro north in the green is May 2009, subject to the granting by An Bord Pleanála of a railway order. The amendment needs to be in place to allow that to happen.

The design of the metro and interconnector stations was developed within constraints agreed with the Office of Public Works and in consultation with the Department of the Environment, Heritage and Local Government, Dublin City Council, and other key stakeholders. To facilitate the sensitive heritage and environmental aspects in the area, specialists — including conservation architects, archaeologists, and arboriculturists — are currently being taken on board to advise on these significant matters. A detailed landscaping plan to reinstate the park will also be agreed with the OPW. Prior to any work being carried out, detailed surveys, reports and photographic records will be commissioned and agreed with the OPW.

St. Stephen's Green is a national monument in the ownership of the Minister for the Environment, Heritage and Local Government. Under section 14 of the National Monuments Act 1930, as amended, any proposed works at or in proximity to a national monument in the Minister's ownership or guardianship require the Minster's written consent. The Minister is required by law to consult with the director of the National Museum of Ireland on any application for his consent under section 14.

In drafting the legislative amendment I have consulted fully with my colleague, the Minister for the Environment, Heritage and Local Government, and care has been taken to ensure that the Minister's powers of consent under the National Monuments Acts 1930 to 2004 remain unaffected. Hence, while the relevant provisions of the 1877 Act will no longer apply to the proposed metro north and interconnector projects, there remains a separate robust statutory process whereby the written consent of the Minister for the Environment, Heritage and Local Government is required for any works that will impact on the built heritage of the green proposed in regard to these projects. Moreover, that consent cannot be granted without the Minister having first consulted with the director of the National Museum of Ireland.

My Department and the Department of the Environment, Heritage and Local Government and the Office of Public Works are in ongoing consultation with the RPA and its consultants on the potential impacts to the green from these projects and have and continue to work to ensure that the impacts on this unique national monument are minimised to the fullest extent possible in terms of the continued protection of its archaeology, architecture and the natural environment. However, given the scale of these public transport infrastructural works, it is inevitable that there will be considerable disruption to the green for a number of years. Ministerial amendment No. 89 provides for the amendment of the Long Title to the Bill to reflect the effect of amendment No. 88.