EC court move to save Tara
site
- may be too late
By - Bernard Purcell.
THE ruling under which the Government last month gave the
go-ahead to extend M3 road works through Lismullin by the
Hill of Tara site breaks European law, the European
Commission said last night.
A case is to be brought to the European Court of Justice
in the autumn but officials and campaigners fear that may
be too late to save the archaeological site as the
Government delivers a "fait accompli".
Independent MEP Kathy Sinnott called on Environment
Minister John Gormley to halt works straight away.
Mr. Gormley - who says he will hold a conference on
treatment of historic sites in the autumn - said the
Commission's legal threat is being taken seriously and
will be studied carefully.
Environment Commissioner Stavros Dimas sent a final
warning to the Government on June 29th. telling it to
amend the 2004 National Monuments Act to include
environmental impact assessments and open public
consultations on the Tara site.
Officials say a recent European Court judgment ruled
certain high value archaeological sites will often need
more than one impact assessment as more becomes known
during excavation.
The Commission has been in dispute with the Government -
which insists that the relevant EC Directive does not
cover actual demolition works - for over a year.
Brussels argues that there would be very little point to
the Directive if it did not cover demolition. The
Environmental Impact Assessment Directive covers
motorways and urban development projects and specifically
mentions archaeological and cultural heritage sites.
Last year the Commission advised the Government that it
could not go ahead and demolish protected structures
without a proper assessment which would open the way for
objectors to register their concerns.
When they became aware of the Lismullin site they decided
to send the final legal warning .
Strictly speaking the Commission has not ordered works to
stop. What it has done is to tell the Government to
change the 2004 legislation to make provision for proper
impact assessment before the site is totally
destroyed.
Sources indicated they would welcome an application in
the Irish courts for an injunction.
© The Irish Independent, 12th. July 2007.
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