Minister Gormley replies to EU Petition Committee Chairman, Marcin Libicki's letter

24th. July 2007.

Marcin Libicki,
Chairman,
Committee on Petitions,
European Parliament.

Dear Mr. Libicki,

Thank you for your letter of 20th. July, following the visit of your delegation to Ireland in June. I was delighted to have the opportunity to meet your delegation on that occasion, and I trust the rest of your visit was productive. As I said at our meeting, it is my hope that your committee will investigate all of the relevant petitions as rigorously as possible, in particular those which relate to environmental issues. I look forward to receiving your full report in due course.

In your letter you express the committee's concern about damage to sites of great archaeological and historical value and significance along the route of the M3. Although I do not have responsibility for the M3 or its routing, as Minister for the Environment I am responsible for protecting our heritage and any significant sites uncovered during this project. In 2005 my predecessor issues a series of directions in respect of sites along the route of the proposed motorway, and in June 2007, shortly before I took office, he issued further directions in respect of the national monument at Lismullin, which had since been discovered. These directions ordered the excavation of the archaeological remains at this site.

As it is not open to me to review or reverse these directions, I have a responsibility to ensure that the excavation is carried out in accordance with best archaeological practice, and that any potential damage to the site is avoided. For this reason, I established an expert advisory committee to advise on the conduct of the archaeological investigations. This committee includes Dr Conor Newman, a leading expert on the archaeology of Tara, Dr. Pat Wallace, Director of the National Museum of Ireland, Professor Gabriel Cooney of the School of Archaeology, UCD, as well as representatives of the National Monuments Service of my department, and of the National Roads Authority.

It is important to point out that the advice I have received from the expert committee is that the monument at Lismullin is in a very vulnerable condition, could not sustain or withstand preservation in situ and that, therefore, excavation is desirable and in the best interests of the archaeological remains. It is therefore most urgent that these excavations begin as soon as conditions allow, as recommended by the expert committee. I am enclosing a copy of this committee's report for your information.

The issue of compliance with EU law is of particular concern to me, as I have stated that one of my priorities in office will be to resolve a number of outstanding cases taken against Ireland for infringements of EU directives. For this reason I sought a meeting with Commissioner Dimas earlier this month, at which we discussed the M3 project amongst other issues. My department is actively engaged in preparing a response to the recent Reasoned Opinion in respect of the EIA Directive, and we have sought legal advice in the matter. However, as you will appreciate, the immediate issue of avoiding damage to the vulnerable site at Lismullin must be the overriding concern, so it is my intention that the recommendations of the Lismullin Advisory Committee be pursued as soon as they consider appropriate.

Your letter asks for urgent action to halt existing works in this area and to review the routing of this section of the M3 motorway. As responsibility for the works, and for the routing of the motorway, lies with the National Roads Authority, I have forwarded a copy of your letter to the Minister for Transport, Noel Dempsey TD, for consideration. I should point out that the motorway works at this location have indeed stopped, and will not recommence until excavations of the national monument at Lismullin are complete.

Yours sincerely,

John Gormley TD,
Minister for the Environment, Heritage and Local Government

Related Articles:
Letter to John Gormley from Marcin Libicki.