EU to take action
- over handling of Tara route for M3
By - Jamie Smyth, in Brussels.
The European Commission is expected to begin legal action
against the Government today over the manner in which it
has proceeded to build the M3 motorway near the Hill of
Tara.
The decision will provide a boost to campaigners who are
trying to force Minister for the Environment John Gormley
to consider re-routing the motorway.
The legal move is not expected to halt the construction
of the road, but it will force the Government to defend
its position at Europe's highest court, a process that
could eventually lead to the imposition of fines if it
loses the case.
Environment commissioner Stavros Dimas will tell his
commissioner colleagues at a meeting in Brussels today
that the National Monuments Act in the Republic does not
offer enough protection for important archaeological
sites.
He will also highlight alleged weaknesses in Irish law
that split decision-making between Irish planning
authorities and the Environmental Protection Agency (EPA)
for industrial projects.
He cites the Government's action at the Hill of Tara as a
prime example of how it fails to conform to EU law. In a
draft decision, which requires the approval of
commissioners before taking effect, Mr. Dimas refers
Ireland to the European Court of Justice (ECJ) over these
shortcomings.
"The commission considers Ireland's approach to decisions
involving the destruction or removal of historic
structures and archaeological monuments to be in
contravention of the directive", says an explanatory note
on the decision seen by The Irish Times.
The relevant EU directive says there must be a proper
assessment of the effects of certain public and private
projects on the environment.
The commission believes a decision not to order a second
environmental impact assessment when a potentially
significant archaeological site was discovered at
Lismullin, close to Tara, was "in contravention of the
directive".
"Because the prehistoric site was only identified in
2007, its significance could not be taken into account in
a 2003 assessment of the motorway project", says the
commission's explanatory note.
Despite the EU executive's concerns, in June the
Government ordered that the Lismullin site be excavated
without a second environmental impact assessment. It said
no delay was possible due to the fragile nature of the
site.
But campaigners hoping the commission would intervene
directly to force the Government to halt construction of
the M3 may be disappointed. The draft commission decision
refers only to weaknesses in Irish legislation and does
not question the Government's choice of route for the M3.
Neither does it seek any kind of court injunction that
would force the Government to stop work on the
motorway.
The Government has argued that the motorway is a vital
piece of national infrastructure and choosing an
alternative route for the M3 would cause delays and cost
up to €200 million extra.
Campaigners have fought a vocal campaign against the
motorway, which they claim will spoil the Hill of Tara
for future generations.
The commission document claims that when decisions are
being taken on proposed incinerators and other industrial
projects, "Irish rules do not guarantee that interactions
such as those between pollution-control measures and the
landscape will be adequately assessed and taken into
account. There are risks that outcomes required by the
directive will not always be achieved", it concludes.
The commission decision to start legal action will force
the Government to defend its position at the ECJ in
Luxembourg.
If it loses the legal case and does not amend its laws to
conform with the relevant EU directive, it could
eventually face heavy fines.
Ireland currently faces 37 infringement proceedings for
breaching environmental directives.
© The Irish Times, 17th. October 2007.
Related Articles:
Commission
to bring Environmental Impact Assessment case to the
European Court of Justice.
Full Report of EU Petitions
Committee.
