‘Carrickmines Castle Supreme Court Decision Leaves the Door Open for Hill of Tara Case’

national | history and heritage | press release

Tuesday July 25, 2006 17:29

by Siobhan Rice - TaraWatch

info at tarawatch dot org

086-319-9833

The battle's not over yet

The ruling in today’s third Supreme Court decision in the Carrickmines Castle saga has left the door open for a full constitutional challenge to the National Monuments Act 2004, as a whole, which will be heard by the Supreme Court in relation to the Hill of Tara and the M3 motorway on October 11.

PRESS RELEASE

TaraWatch.org

25 July 2006

‘Carrickmines Castle Supreme Court Decision Leaves the Door Open for Hill of Tara Case’

The ruling in today’s third Supreme Court decision in the Carrickmines Castle saga has left the door open for a full constitutional challenge to the National Monuments Act 2004, as a whole, which will be heard by the Supreme Court in relation to the Hill of Tara and the M3 motorway on October 11.

While dismissing the challenge made by Dominic Dunne to Section 8 of the National Monuments Act 2004, in which the Oireachtas specifically provided for completion of the South Eastern Motorway, the Chief Justice clearly stated in his decision that:

“As noted by learned the trial judge, it is not inconceivable that in a hypothetical case, a person in the position of the plaintiff might successfully challenge a statutory measure on the basis that it purported to permit a clear-cut breach of the State’s duty to protect the national heritage. As noted by the learned trial judge, this is not such a case.

In other words, a the court has acknowledged that there is clearly a duty on the State to protect the national heritage, and it is also possible for a citizen to successfully challenge a statute that provides the basis for a breach of that duty.

In addition, even if the Supreme Court upholds the National Monuments Act 204, in its entirety, in October, there are still major issues to decide in relation to whether or not the Directions given by Minister for the Environment, Dick Roche, in relation to the Hill of Tara, in May 2004, comply with that Act.

If a new national monument is discovered during the course of road-building, work must cease immediately, and the Minister for the Environment and Heritage must consult with the National Museum, under the existing legislation. Mr Salafia is alleging that the National Roads Authority has failed to report new national monuments that have been discovered along the pathway of the M3 motorway.

Mr Salafia said:

“Carrickmines Castle may be lost, but the Court has clearly left some major avenues open for Appeal in the Hill of Tara case. The judgment is limited to section 8 of the National Monuments Act 2004, and the main part of the Act is still in clearly in question.

“We want to know how the Minister can legally, on the very same day, say on one hand he cannot move the road to save Tara, but on the other hand move the road in Waterford to save a Viking site at Woodstown?

“We understand Mr Dunne will appeal his case to Europe, and we wish him the best with that fight.

Contact: Siobhan Rice: 086-319-9833

ENDS

Minister Roche’s Directions for moving the N25 and preserving Woodstown:
http://www.environ.ie/DOEI/DOEIPub.nsf/0/d193d5dd0ae059...ument

Minister Roches Directions for proceeding with M3 and impacting Tara
http://www.environ.ie/DOEI/DOEIPub.nsf/0/c9ba816e8565e9...ument

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‘Carrickmines Castle Supreme Court Decision Leaves the Door Open for Hill of Tara Case’