Government to appeal High Court ruling on Moore Street

The Government has announced plans to set up a consultative group on Moore Street in Dublin within the next few weeks.

The announcement by Minister for Arts, Heritage and the Gaeltacht Heather Humphreys follows the Government's decision to appeal against a recent High Court ruling designating a wider area in and around Moore Street as a national monument on account of its 1916 Rising connections.

A number of Government departments and agencies have expressed serious concerns about the potential implications of the judgment for planning and development nationally. They believe it has the potential to set a precedent which could affect a wide range of vital infrastructure projects, and that the judgment widens the scope of national monuments status in an unprecedented manner.

Monument status

The Government had previously sought to restrict national monument status to Nos 14-17 Moore Street. However in March the High Court granted declarations that various further buildings and locations, in addition to Nos 14-17, comprised a national monument.

Mr Justice Max Barrett ruled that there could be no doubt the streetways and alignments of the Moore Street "theatre of conflict" in the final hours of the 1916 Easter Rising satisfied the criteria in the National Monuments Act.

The implication that sites, rather than buildings or structures, are national monuments is understood to be a cause of concern to other Government departments, which point out that several of the buildings now designated as monuments date from the 1960s and 1970s.

“I fully understand that Moore Street is a location that holds great importance for many people,” Ms Humphreys said. “However, this judgment has implications that extend far beyond Moore Street. The legal advice I have received, coupled with input from other Government departments, highlights the impact this judgment could have on infrastructure projects countrywide.”

She said a number of Government departments, including her own, were very concerned that the judgment could be used as a means to obstruct or delay planning and development right across the country.

"I have considered whether it would be possible to appeal sections of the judgment, but that is not a viable legal option," she said. "If I did not appeal this judgment, I would be ignoring very strong advice from the Attorney General, the Departments of Environment and Transport, the OPW and Transport Infrastructure Ireland that an appeal is necessary in the interests of planning and development projects nationwide."

Ms Humphreys said the decision to appeal against the High Court ruling did not mean there was not a way forward for Moore Street.

Relevant stakeholders

There were a range of views in relation to what was the best way to proceed, she said. In a bid to bring together all of these views and seek positive progress, she would establish a consultative group on Moore Street, which would include cross-party

Oireachtas

members and other relevant stakeholders with an independent chair.

"This follows a suggestion from Fianna Fáil on the matter," she said. "It is my intention to establish the group in the coming weeks so work can begin on charting a way forward."