Tara court battle starts

by unison.ie Tue Jul 05, 2005 11:23

Alternative motorway location 'would not breach ancient Tara complex'

AN environmental activist has secured leave from the High Court to bring proceedings aimed at securing the rerouting of the M3 motorway away from the Hill of Tara.

Vincent Salafia claims it is not necessary for the M3 motorway, in order to be completed on time and within budget, to breach the Tara complex. An alternative route between Navan and Dunshaughlin which was considered by the National Roads Authority and Meath Co Council offers a suitable alternative, since it is 2.5km shorter and would not breach the complex, he said.

Mr Justice Liam McKechnie yesterday granted leave to Gerard Hogan, counsel for Mr Salafia, of Dodder Vale, Churchtown, Dublin, to bring proceedings challenging directions from Environment Minister Dick Roche over treatment of 38 known archaeological sites along a stretch of the proposed motorway.

Mr Salafia said the directions are in excess of the minister's powers and are issued under the incorrect provisions of the National Monuments Amendment Act 2004. He claimed the relevant provisions are unconstitutional in that they fail to afford adequate protection for national monuments. He also claimed the minister failed to have regard to the State's obligations in regard to national monuments.

Activists had called on Mr Roche to issue directions ordering full preservation of the sites which would require the rerouting of the road away from the Tara site. National Museum director Dr Pat Wallace advised the minister to issue a preservation order for the Tara area.

The action is against the minister, Meath Co Council, Ireland and the Attorney General. The National Roads Authority is entitled, if it wishes, to be joined as a notice party.

In granting leave, the judge said the threshold for so doing in such cases was that an applicant had established an "arguable" case. He found Mr Salafia had reached that threshold but stressed he was not embarking on any substantial assessment or evaluation of the facts. He returned the matter to July 14.

The judge noted that a Supreme Court decision due on July 29 in separate proceedings concerning the controversial routing of the Southern Cross motorway near Carrickmines Castle could have a significant bearing on the case.

In his proceedings, Mr Salafia claimed that, when issuing the 38 directions last May, the minister had incorrectly decided he could not lawfully make directions which would result in the route of the motorway being altered.

He said the directions are unlawful and outside the powers of the minister because they were invoked under the incorrect provision of the National Monuments Amendment Act 2004.

Mr Salafia is challenging constitutionality of sections of the Act which attempt to deal with the finding of a national monument during road projects.

He claims the provisions are flawed in that they fail to provide substantive or adequate protection for national monuments.

Mr Salafia contends that a number of archaeological finds made while Meath Co Council was "test-trenching" for road development should have led to them being declared national monuments. Among the orders and reliefs sought by Mr Salafia is an order quashing the minister's directions and a declaration that the Hill of Tara/Skryne Valley area constitutes a national monument or a series of monuments.

Another relief sought, "if necessary", is an order staying the operation of the minister's decision pending the outcome of the legal proceedings. However, no interim order to that effect was sought or mentioned yesterday.

The minister, following the issuing of initial directions for archaeological investigations along the motorway route, agreed to changes in those directions in response to a lengthy submission from Dr Wallace. Archaeologists are to have more time for digs and development is to halt, pending consideration by Mr Roche, if what may turn out to be a national monument is found.

Mr Salafia's legal representatives have written to the minister, the NRA and Meath Co Council warning against any work taking place at the sites.

Mary Carolan

by unison.ie Tue Jul 05, 2005 11:19

THE controversial M3 motorway could face lengthy delays after an environmental activist yesterday secured leave from the High Court to bring proceedings aimed at rerouting the road away from the Hill of Tara.

Vincent Salafia, a leading protester against the M50 extension at Carrickmines, Co Dublin, claimed the M3 motorway could be completed on time and within budget without breaching the Tara complex. He said an alternative route between Navan and Dunshaughlin in Co Meath, which was considered by the National Roads Authority and Meath County Council, would be a better choice, being 2.5km shorter and avoiding the complex.

Mr Salafia, a US-trained lawyer, is the public relations officer for the Save Tara campaign. He played a significant part in the 'Carrickminders' and Trim Castle protests, and sought a nomination for last year's presidential election.

The National Roads Authority said it was "anxious to avoid delays" on the project but would respect the legal process.

An NRA spokesman said: "We have to monitor developments. We were not surprised at the application seeking a judicial review as it was lodged today, as it had been spoken about for some time."

Helen Bruce