Brian O'Shea (Waterford, Labour)
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Question 579: To ask the Minister for the Environment, Heritage and Local Government his views regarding the concerns of a person (details supplied) in County Waterford relating to the M3 project; and if he will make a statement on the matter. [24705/07]

John Gormley (Dublin South East, Green Party)
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I have no statutory remit in relation to the approval, or otherwise, of a road development, such as the M3. That is a matter for An Bord Pleanála, whose decisions in this regard are subject to challenge only by way of judicial review.

Following the approval of a road development by An Bord Pleanála, section 14A of the National Monuments Act, 1930, as amended, provides for two situations in which Ministerial directions relating to works of an archaeological nature associated with the road development fall to be issued.

Firstly, archaeological works, as identified in the Environment Impact Statement (EIS) for the scheme as necessary to mitigate the impacts of the scheme, carried out in respect of an approved road development must be carried out in accordance with Ministerial directions issued following consultation with the Director of the National Museum.

Secondly, Ministerial directions may be issued where, as in the case of Lismullin, a national monument is discovered during the carrying out of a road development subsequent to its approval by the Board, and neither the approval under the Roads Act, 1993, nor the EIS prepared for the scheme dealt with the newly discovered monument. The question of determining whether any such directions require a material change to the road development, and whether any such change is likely to have significant adverse effects on the environment is by law a matter for determination by An Bord Pleanála. In the Lismullin case, An Bord Pleanála has made a determination that no material alteration arises to the approved road development as a consequence of the direction issued by my predecessor in respect of the national monument at Lismullin.

In the course of a Reasoned Opinion received in June 2007 the EU Commission expressed its view that under the requirements of the EIA Directive a new environmental impact assessment was required before a decision was taken on how to proceed in relation to the newly discovered National Monument at Lismullin. Ireland responded in detail to the concerns raised by the Commission, indicating that the Irish authorities consider that the provisions of EU and Irish Law were fully complied with in this case and that they are supported in that view by legal advice from the Attorney General as well as judgements from the High and Supreme courts. The Commission has now decided to refer its case to the European Court of Justice and it will be a matter for that Court to determine the legal issues involved in due course.

There is a commitment in the Programme for Government to maximise and clarify the protection provided to our archaeological heritage. On foot of this commitment I have initiated a comprehensive review, in consultation with relevant stakeholders, of archaeological policy and practice in Ireland. It is my intention, following the review, to bring forward any necessary measures, including legislative proposals, to enhance the protection we afford to our archaeological heritage.