Jim O'Keeffe (Cork South West, Fine Gael)
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Question 62: To ask the Minister for the Environment, Heritage and Local Government the legal basis for contesting the ownership and other issues relating to the [i]Lusitania[/i]; and the estimated legal bills to cover the run up of all parties over the years about the matter. [22325/05]

Jim O'Keeffe (Cork South West, Fine Gael)
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Question 115: To ask the Minister for the Environment, Heritage and Local Government the reason for the stance taken by Dúchas underwater heritage on the [i]Lusitania[/i]; if it related to an effort to safeguard the alleged existence of priceless paintings; and if he will make a statement on the matter. [22326/05]

Dick Roche (Wicklow, Fianna Fail)
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I propose to take Questions Nos. 62 and 115 together.

My Department has not contested the ownership of the Lusitania. In 1995, following reports of divers, concerns were raised regarding the integrity of the Lusitania wreck and an underwater heritage order was placed on it. The effect of the order was to extend to the wreck of the Lusitania the same protection under the National Monuments Acts as would automatically apply to historic wrecks over 100 years old in Irish territorial waters. Archaeologists from my Department applied the same procedures to the wreck site as operate for other wrecks protected under the legislation.

The owner of the Lusitania sought a judicial review of the Minister's decision to refuse a licence under section 3(5) of the National Monuments (Amendment) Act 1987. The High Court judgment, which was delivered on 17 June 2005, is currently under consideration in my Department in consultation with the Chief State Solicitor's office. The judgment is complex but inter alia the High Court found that the provisions of section 3(5) of the National Monuments (Amendment) Act 1987 applied to the wreck. However, in the particular circumstances the refusal of the section 3(5) licence in 2001 was deemed ultra vires the power of the Minister. Legal costs in respect of this action have not yet been determined.