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Dáil Éireann debate -
Tuesday, 25 Feb 2003

Vol. 562 No. 1

Roads Projects.

I thank the House for giving me the opportunity to raise this issue. Yesterday's decision by the Supreme Court was an inevitable outcome following a succession of bad and conflicting decisions by various State authorities relating to the M50 motorway at Carrickmines. A number of questions arise. Why did Dúchas give its approval for removal works at Carrickmines Castle without the consent of the National Museum? Why did Dún Laoghaire-Rathdown County Council fail to respond to the question put to it in September 2002? Why in the first instance was the wrong route selected for this motorway? It has resulted in a threat to an important medieval castle site at Carrickmines, has damaged Leopardstown Racecourse and compromised council housing land, at enormous cost to the taxpayer.

In 1992 the then Dublin County Council identified an alternative route for this motorway which was adopted by it at the time. An environmental impact study was, at the direction of the then Minister for the Environment, ordered on the route eventually chosen. If the route which had been identified by the county council in 1992 had been selected, Carrickmines Castle and Leopardstown Racecourse would not have been involved, the council would have been enabled to keep its housing land and, most importantly, the motorway, long overdue to the motorists and residents of this area, would have been built at considerably less cost to the taxpayer. The public wants answers as to what caused this problem as the motorway is delayed and the costs to the taxpayer are mounting.

Ultimately, responsibility for the Carrickmines debacle rests with the Minister for Transport who is not only responsible for the roads programme but also has local knowledge of the area. The Minister has, I know, been attempting since last summer to resolve the conflicting needs to preserve Carrickmines Castle and its environs and to build the motorway. He has clearly failed in his efforts and must now tell the House what steps he intends to take to resolve this impasse. Carrickmines Castle remains at risk and the motorway needs to be completed. How are both objectives to be met without construction being delayed and costs increased? The Minister must set out how these problems are to be resolved.

I draw the Minister's attention in that context to the proposal made by my colleague, Proinsias De Rossa, MEP, yesterday that the Minister should use the time given by the court to sit down with all the parties concerned, including the public authorities, Dúchas and the National Museum, and the people of Carrickmines to work out a solution which is acceptable to all concerned. Such a solution, if all interested parties are agreeable to it, would be unlikely to result in a further contest in the courts. It would give the Minister the necessary flexibility to vary the motorway order to allow the necessary engineering adjustments to be made to the motorway in the interests of avoiding further damage to Carrickmines Castle.

In any event, we now have an unusual situation. The medieval castle site at Carrickmines is at risk and a long overdue motorway has been delayed. Costs are mounting for the taxpayer and State authorities appear to be at sixes and sevens in relation to deciding what to do about it. Only the Minister for Transport can resolve this problem and I ask him to take the initiative in the form of the political steps that are necessary to bring this matter to a conclusion. He should not allow it to continue to be adjudicated on in the courts, a process which involves costs and delays and is not resolving the problem.

The implications of the Supreme Court judgment, which granted an injunction restraining Dun Laoghaire-Rathdown County Council from doing work on the Carrickmines Castle section of the south-eastern motorway, are being urgently considered by the county council, the National Roads Authority, which is responsible for the construction of the south-eastern motorway, and the Departments of Transport and the Environment and Local Government. It is not possible at this stage to respond definitively to the Supreme Court judgment or to indicate precisely the action that might be taken in response. Yesterday's judgment means that the completion of the M50 will be delayed as further work cannot be carried out at the castle site pending a full hearing of the issues in the High Court and-or the obtaining of consent under section 14 of the National Monuments Act 1930, as amended.

The Minister for Transport wishes to emphasise that the archaeological importance of the Carrickmines Castle site has always been acknowledged. This is reflected in the archaeological assessment, dating back to 1992, and the major archaeological excavations undertaken since August 2000 at a cost of over €6 million. The Carrickmines site has been excavated and all archaeological finds will be recorded and documented in accordance with best archaeological practice and the approval of Dúchas. The approach adopted in relation to archaeology at Carrickmines involved the preservation in situ of the remaining upstanding section of the castle and the investigation of the castle environs to resolve any archaeological features present by means of excavation and recording. This approach is in line with the environmental impact statement, mentioned by Deputy Gilmore, which was approved by the Minister for the Environment and Local Government in October 1998 and by Dúchas.

In August 2002, Dun Laoghaire-Rathdown County Council and the NRA submitted a joint report to the Minister for Transport, setting out proposals for the enhanced preservation of archaeology at Carrickmines Castle and responding to earlier proposals made by An Taisce. The Minister for Transport agreed a set of proposals based on this report in September 2002, including raising and tilting the Glenamuck Road roundabout, aimed at preserving extensive areas of the Carrickmines site, while allowing the construction of the south-eastern motorway to proceed on schedule. Every effort has been made to respect the archaeology at the site.

Work is proceeding on other elements of the south-eastern motorway. While work at Carrickmines has been delayed, it is not possible to be definitive about the impact on the scheme's completion date pending resolution of the current issues. It is clear that it will be delayed, however, as the Supreme Court order prohibits Dun Laoghaire-Rathdown County Council and its agents, including the contractor, from doing any work at the site for some time to come. It is open to the contractor, under the terms of the contract, to make a claim in respect of any delays arising from the disruption and delay to the road construction programme, including delays as a result of archaeological works. While it is not possible to indicate what the overall cost of the claims might be, the county council and the NRA estimate that the cost could between €50,000 and €100,000 per week.

The Ministers for Transport and the Environment and Local Government are committed, in conjunction with the NRA and the county council, to resolving the situation which has arisen as quickly as possible, to ensure that the completion of a vital piece of transport infrastructure of national significance is not unduly delayed, while at the same time ensuring that archaeological heritage is protected and preserved in accordance with best archaeological practice and the relevant statutory provisions.

The Dáil adjourned at 9.05 p.m. until 10.30 a.m. on Wednesday, 26 February 2003.

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