The Government is to appeal the High Court judgment that the Blascaod Mor National Historic Park Act 1989 is unconstitutional. The Act was aimed at developing the Great Blasket Island into a national park through acquiring most of it by means of a compulsory purchase order.
Mr Justice Budd ruled on February 27th the Act was an extreme case of delimiting the island landowners' property rights. He found in favour of the widow of a former US diplomat, two brothers and a German academic, who between them own most of the island.
The Minister for Arts, Heritage, Gaeltacht and the Islands, Ms Sile de Valera, announcing the decision to appeal yesterday, said the judgment meant the State was effectively powerless to implement the necessary measures "to conserve and present this unique part of our heritage for the benefit of the nation".
She stressed that without State intervention there was very little prospect of saving and presenting the built and natural heritage of the Great Blasket Island community, and we would have to rely on the excellent Ionad an Bhlascaoid Mhoir in Dun Choin to commemorate the heritage, culture, traditions and values of this outstanding community. "It is regrettable that since the High Court action was taken in August 1991, valuable time and resources (including EU funding) have already been lost, thus making the task of saving the Great Blasket buildings and natural heritage all the more difficult."
She said the constitutional challenge of the plaintiffs ranged on grounds covering nine separate issues. Of these, she said, the court found in favour of the State on all but one issue - property and equality rights and discrimination. She added since 1990 several attempts to negotiate a settlement with the plaintiffs for the purchase of their holdings were rejected.