Joanna Tuffy (Dublin Mid West, Labour)
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Question 161: To ask the Minister for the Environment, Heritage and Local Government the position regarding the urgent need to bring in legislation to ensure that Ireland complies with the Environmental Impact Assessment Directive 1 and that Ireland require environmental impact assessments for significant archaeological finds and national monuments. [25840/07]

John Gormley (Dublin South East, Green Party)
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Part 10 of the Planning and Development Regulations 2001 as amended implements the Environmental Impact Assessment Directive, 85/337/EEC, as amended.

The prescribed classes of development that require EIS are listed in Schedule 5 of the Regulations. Schedule 6 of the Regulations sets out the information to be contained in an EIS and specifies that it must include "a description of the aspects of the environment likely to be significantly affected by the proposed development, including in particular ... material assets, including the architectural and archaeological heritage, and the cultural heritage".

As indicated in the reply to Question No. 579 of 23 October 2007, in the course of a Reasoned Opinion received in June 2007 the European 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 full 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 infringement complaint 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.

Tony Gregory (Dublin Central, Independent)
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Question 162: To ask the Minister for the Environment, Heritage and Local Government the reason for the three month delay before placing a protection order on Rath Lugh in view of its vulnerable position; and if he will make a statement on the matter. [25854/07]

John Gormley (Dublin South East, Green Party)
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I refer to the reply to Question No. 89 of 10 October 2007.

In early August concerns were raised with me about the potential for damage to the national monument known as Rath Lugh in the townland of Lismullin, Co. Meath. Having investigated the matter, and given its archaeological importance, I placed a temporary Preservation Order on the monument on 28 September 2007. Prior notification of my intention in this regard was sent to the registered owner of the lands on which the monument is located, Coillte Teoranta, on 4 September 2007.