Gormley 'powerless' over M3 decision

The Labour Party has contested a claim by Minister for the Environment John Gormley that he will not be able to overturn an order by his predecessor to allow the M3 motorway to be built over an historic monument in Co Meath.

John Gormley may not be able to overturn his predecessor's decision on M3. Image: Alan Betson.

In one of his final acts in office, Dick Roche on Tuesday signed an order for the "preservation by record" of the recently discovered prehistoric henge at Lismullin, Co Meath, on the route of the proposed M3.

Mr Roche ordered the henge at Lismullin to be photographed, sketched and measured before the motorway goes through the site. "The excavation works and recording are to be carried out in advance of any road construction works in the vicinity of the National Monument," he said in a statement.

Mr Roche said he signed the order on the advice of the Director of the National Museum, Dr Pat Wallace.

Campaigners, including the Green Party, had called for the road to be re-routed to preserve the historic site.

Last night Mr Gormley said his party had "not been aware" that Mr Roche intended to sign the ministerial order while coalition talks with Fianna Fáil were drawing to a close. However, he indicated this morning it was unlikely he will be able to reverse Mr Roche's decision.

Speaking after arriving on a bicycle to take up his new post at the Customs House this morning, Mr Gormley said: "I will be looking at the documentation in the coming days, but I think it is fair to say that I cannot really do anything thing about our previous minister's decisions."

He said, however, he was committed to preserving heritage.

But Labour's Eamon Gilmore today dismissed Mr Gilmore's claim he could not overturn the order. He said Mr Roche's directions were issued under a provision of the National Monuments Acts, Section 14A (4) (d), introduced in 2004.

Mr Gilmore pointed out that, according to Section 22 of the Interpretation Act, 2005, a Minister has the power to revoke or amend previous directions.

This section reads: "A power conferred by an enactment to make a statutory instrument shall be read as including a power, exercisable in the like manner and subject to the like consent and conditions (if any), to repeal or amend a statutory instrument made under that power and (where required) to make another statutory instrument in place of the one so repealed."

Mr Gilmore added: "It is clear therefore that Minister Gormley has the power to reverse Mr Roche's order and he should do so immediately."

The Department of Environment responded this evening insisting that "based on the advice received, the decision cannot be reversed".

Fine Gael environment spokesman Fergus O'Dowd said the episode "highlighted the potential instability" of the new Government.

Muireann Ní Bhrolcháin of the Campaign to Save Tara condemned Mr Roche's actions. "Tara is not only one of the 100 most endangered sites now. It is the most endangered landscape in the world."

Vincent Salafia of the TaraWatch campaign group said he would be taking legal advice on the latest move. "We are asking Minister Gormley to do the same thing that Minister Roche did to 16 Moore Street - declare the entire site, along with neighbouring houses, a national monument," he said.

The first sod on the 49 kilometres stretch of road, which will run from Clonee to just north of Kells, bypassing Dunboyne, Dunshaughlin, Navan and Kells on the way, was turned by former minister for transport, Martin Cullen in April.

The road, which will cost between €800m and €1 billion, is expected to be completed by 2010.

Eurolink, the company building the motorway this evening called on protesters not to interfere with its workers or equipment.

It said a protester was arrested for activity at the entrance to its site at Collierstown, "hindering construction workers and machinery from going about their work and creating a health and safety risk on site".

Enda Tyrrell, Technical Director of Eurolink, said: "We are very concerned that protesters are endangering themselves and our workers by trespassing on our site. Illegal protests cannot be allowed to continue, in the interest of all involved."