EC court move to save Tara site may be too late
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 29 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.
- Bernard Purcell
