Minister Roche's "unreviewable discretionary power'.

The National monuments Act 2004(as amended)

The case taken by Vincent Salafia to
judicially review the decision to grant
38 licences to excavate along the M3
Kells to Clonee is being examined at the
High Court. It will resume at eleven am
on Tuesday the seventeenth of january.

The locus of the case is on establishing
whether the landscape surrounding
Tara can be designated as a complex
of National monuments.
Gerard Hogan SC arguing for
Mr Salafia claims that the
National Monuments Act 2004 (as amended)
grants the minister unreviewable
discretionary powers in relation to
the demolition of a national monument.
This is based on sections in the
amended National Monuments act
which he claims create a super
structure of protections for National
Monuments, which he can disapply
based on "The Public interest"
the relevant sections are 14(a)5,
14(2)d and 14(8)1.
It mandates minister Roche to
do admininstrative acts.
The minister may have regard to
but is not obliged to have regard to
additional factors inrelation to
his decisions.
it is argued that his discretionary
powers are purely subjective.
Case continues.