Dáil Éireann Debate, Wednesday - 10 October 2007
104 Deputy Mary Upton asked the Minister for the Environment, Heritage and Local Government the basis on which he placed a Temporary Preservation Order on a National Monument at Rath Lugh on the route of the M3; the reason he did not take similar action in regard to the National Monument at Lismullin; and if he will make a statement on the matter. [22825/07]
Amharc ar fhreagraIn relation to the National Monument at Rath Lugh, I refer to the reply to Question No. 89 on today's Order Paper.
The National Monument at Lismullin is a previously unknown national monument discovered during the course of the archaeological works on the route of the M3 Clonee-North of Kells motorway scheme. The monument fell, therefore, to be dealt with under the provisions of section 14A(4) of the National Monuments Act, 1930, as amended by the National Monuments (Amendment) Act, 2004. Following the report to my Department from the National Roads Authority of the discovery of the previously unknown National Monument and the required consultation with the Director of the National Museum, my predecessor issued directions on 12 June 2007 for the excavation of the National Monument. The unequivocal legal advice available to me is that without a material change in circumstances, I have no power to review the decision of my predecessor in this matter.
Before directions were issued in this case, all of the available options, as specified by law, including the option of preservation in situ, were carefully considered. The conclusion reached was that, because of the fragility of the features and the location of the site in a natural hollow, preservation in situ could not guarantee the actual preservation of the monument. This view is shared by the Advisory Committee appointed on the advice of the Director of the National Museum to advise on the conduct of the archaeological works carried out under the directions. The only viable archaeological option was, therefore, preservation by record, which involves the full archaeological excavation and recording of the exposed features within the land-take of the motorway project. This will ensure the recovery of all the archaeological evidence from the site and, in conjunction with subsequent scientific analysis, will provide valuable information on the site itself and its surroundings.
