[Both Labour and Sinn Fein submitted some individual and joint questions. Labour
didn't submit any of our questions to Dempsey or Lenihan, but Sinn Fein did.
Interesting responses. No more questions can be submitted now for the Dail break
over the summer, and claims by others to have submitted some seem unfounded, as
no other questions have been answered, nor will be.]

PARLIAMENTARY QUESTIONS AND RESPONSES

Question Nos. 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 427, 428,
and 430

Chun an Aire Comhshaoil, Oidhreachta agus Rialtais Áitiúil:

To the Minister for the Environment, Heritage and Local Government:

To ask the Minister for the Environment, Heritage and Local Government the
reason he did not submit the Hill of Tara and the entire revised Ireland’s
Tentative List of UNESCO sites to UNESCO as promised, for the July 2009 thirty
third Session of the World Heritage Committee in Seville, Spain.

To ask the Minister for the Environment, Heritage and Local Government the
amount spent in hiring consultants and reviewing Ireland’s list of world
heritage sites in the past two years.

To ask the Minister for the Environment, Heritage and Local Government his plans
in relation to revising Ireland’s Tentative List of UNESCO Sites.

To ask the Minister for the Environment, Heritage and Local Government the way
he or his advisors made a determination of the ability of Tara to become a
UNESCO site, before the advisors had visited the site or reviewed the M3.

To ask the Minister for the Environment, Heritage and Local Government if his
attention has been drawn to the fact that an organisation (details supplied)
nominated the Hill of Tara as a world heritage site, but only on condition that
the M3 was rerouted, in view of the fact that it passes through the middle of
the proposed world heritage site.

To ask the Minister for the Environment, Heritage and Local Government his views
on whether UNESCO will accept the Hill of Tara as a UNESCO site with the M3
passing through it.

To ask the Minister for the Environment, Heritage and Local Government if he
will define the area of the proposed Tara world heritage site.

To ask the Minister for the Environment, Heritage and Local Government his views
on the cost involved if UNESCO demands that Ireland move the M3 motorway, once
Tara is declared a world heritage site.

To ask the Minister for the Environment, Heritage and Local Government if he has
included a consortium (details supplied), the M3 public private partners, in the
consultation process for making Tara a world heritage site; and if so, their
involvement in relation to same.

To ask the Minister for the Environment, Heritage and Local Government if he has
included Iarnród Éireann in the consultation process, in view of the fact that
the preferred route for Navan-Dublin railway was announced in May 2009 and will
be passing through the proposed Tara world heritage site.

To ask the Minister for the Environment, Heritage and Local Government if he has
included Eirgrid in the consultation process, in view of the fact that the
Department of Transport has proposed that the north south electrical connector
be placed underground along the M3 or the N3, thereby passing through the
proposed Tara world heritage site.

- Aengus Ó Snodaigh.

To ask the Minister for the Environment, Heritage and Local Government if he was
scheduled to present a revised tentative list to UNESCO at the Seville World
Heritage Committee Meeting; if not, when it is required to do so; and if he will
make a statement on the matter.

- Joanna Tuffy.

To ask the Minister for the Environment, Heritage and Local Government the steps
taken to have Tara considered a world heritage site; and if he will make a
statement on the matter.

- Aengus Ó Snodaigh.

To ask the Minister for the Environment, Heritage and Local Government the
position regarding the publishing of the list of potential sites for world
heritage site nomination that was to have been published in Spring 2009; his
views on the inclusion of Tara in this list; and if he will make a statement on
the matter.

- Joanna Tuffy.

For WRITTEN answer on Wednesday, 8th July, 2009.
Ref Nos: 28622/09, 28623/09, 28624/09, 28625/09, 28626/09, 28627/09, 28628/09,
28629/09, 28630/09, 28631/09, 28632/09, 28693/09, 28694/09, and 28696/09

REPLY

Minister for the Environment, Heritage and Local Government (Mr. Gormley):
I propose to take Questions Nos. 405, 406, 407, 408, 409, 410, 411, 412, 413,
414, 415, 427, 428 and 430 together.

I am aware of some misleading information in the media recently concerning the
process of nomination for UNESCO World Heritage status and am pleased to have
the opportunity to put the facts on record.

Ireland’s Tentative List of potential sites for nomination for inscription on
the World Heritage List was last updated in 1992, and does not include the Hill
of Tara. Last year I directed my Department to review the 1992 list, and
requested that the Tara complex, amongst other sites, be considered for
inclusion on a revised list. In December 2007 & April 2008

I arranged for Dr Jukka Jokileht to, a world heritage UNESCO expert, to visit a
number of these sites to advise on their suitability for inclusion.

In October 2008 I established an Expert Advisory Group to carry out the review
of the Tentative List; consultants have not been engaged by my Department on the
review process. Total expenditure by my Department to date on the Tentative List
Review is approximately €42,700.

The Expert Advisory Group (EAG) has completed extensive analysis of the sites on
the current Tentative List. Members of the public and interested groups were
also invited to submit potential properties for inclusion on the new Tentative
List. 31 such proposals were received and these were considered and assessed by
the EAG.

On the basis of its own analysis, and consideration and assessment of the
proposals received from the public and interested groups, the EAG has now
finalised a draft new Tentative List which contains the details of the
properties which the EAG considers are of outstanding universal value, meet the
UNESCO World Heritage inscription criteria in terms of integrity and
authenticity and have the best potential for future inscription on the World
Heritage List. I expect to be in a position to publish this draft tentative list
for public consultation before the end of the month, and I understand that the
Hill of Tara is included in this list.

While it was initially envisaged that Ireland’s new Tentative List would be
submitted to UNESCO in advance of the June 2009 session of the World Heritage
Committee, this has not been possible mainly because the review process and
World Heritage Committee requirements for the tentative list process have been
more complex than at first envisaged. It was also considered better to take
more time in preparing a new Tentative List in keeping with UNESCO guidelines
and best international practice. I will be forwarding the new Tentative List to
UNESCO before the end of this year and it will then be presented at the 34th
Session of the World Heritage Committee in 2010.

I am not currently in a position to process a nomination for the Hill of Tara
for inscription on UNESCO’s World Heritage List as the property was not
included on the 1992 Tentative List. Only sites that have been on the State
Party’s Tentative List for a period of at least one year may be nominated for
consideration by the World Heritage Committee for inscription on the World
Heritage List. In order to adhere to the very stringent UNESCO requirements
concerning management of sites and other matters, in practice it usually takes a
number of years following inclusion on a Tentative List before a site is
considered suitable for inscription.
Questions Nos. 416, 417, 418, 419, 421 and 426

Chun an Aire Comhshaoil, Oidhreachta agus Rialtais Áitiúil:
To the Minister for the Environment, Heritage and Local Government:

To ask the Minister for the Environment, Heritage and Local Government the
reason he did not revoke archaeological licenses and halt excavations on the M3,
in the Lismullin/Tara area, when the European Commission put him on notice that
an environmental impact assessment was required.

To ask the Minister for the Environment, Heritage and Local Government the
amount spent on outside legal counsel to defend the action in relation to the
requirement for an environmental impact assessment for the M3 project in the
European Court of Justice.

To ask the Minister for the Environment, Heritage and Local Government the
consequences for capital infrastructure projects, already under way, if the
European Court of Justice finds against Ireland in relation to environmental
impact assessments.

To ask the Minister for the Environment, Heritage and Local Government the
consequences for the National Monuments Act 1930, and archaeological codes of
practice, if the European Court of Justice finds against Ireland.

To ask the Minister for the Environment, Heritage and Local Government the
reason, in view of the legal action initiated by the European Commission, and
his admission that there are gaps in the way archaeological finds are dealt with
in certain circumstances, he is defending the environmental impact assessment
case being taken against Ireland by the European Commission, rather than
amending the Act to adopt the recommendations of the Commission.

- Aengus Ó Snodaigh.

To ask the Minister for the Environment, Heritage and Local Government the steps
he has taken to comply with the recommendations of the European Commission in
respect of the need for environmental impact assessments for works that affect
national monuments; and if he will make a statement on the matter.

- Joanna Tuffy.

For WRITTEN answer on Wednesday, 8th July, 2009.

Ref Nos: 28633/09, 28634/09, 28636/09, 28637/09, 28639/09 and 28692/09.

REPLY

Minister for the Environment, Heritage and Local Government (Mr. Gormley):

I propose to take Questions Nos. 416, 417, 418, 419, 421 and 426 together.

I understand that the questions refer to the European Court of Justice (ECJ)
case C50/09, initiated by the European Commission, concerning Ireland’s
alleged failure to properly transpose and implement certain provisions of
Council Directive 85/337/EEC on the assessment of the effects of certain public
and private projects on the environment.

The Reasoned Opinion from the European Commission relates only to the
excavations at the national monument at Lismullin and not to any other
archaeological works along the route of the M3 motorway.

In the case of Lismullin, the vulnerability of the remaining fragile
archaeological features required urgent steps to be taken, and although the
question of an EIA did not arise, it would not have been practicable in any
event. Despite protective covering, heavy rainfall since its discovery had
already significantly impacted on the site. Urgent measures were needed to
ensure that no further degradation occurred.

The option of preservation in situ had been carefully considered by the then
Minister for the Environment, Heritage and Local Government. The conclusion
reached was that, because of the fragility of the features and the location of
the site in a natural hollow, preservation in situ could not guarantee the
actual preservation of the monument.

This conclusion was endorsed by the Expert Advisory Committee I appointed, on
the advice of the Director of the National Museum, to advise on the conduct of
the archaeological works. The only viable archaeological option, therefore, was
preservation by record, i.e. the full archaeological excavation and recording of
the exposed features.

Ireland lodged a comprehensive defence in this case on 27 April 2009. The
European Commission is required to lodge its response with the Court not later
than 15 July 2009.

I am not prepared to speculate on the outcome or possible consequences of this
case.

The engagement and remuneration of legal counsel to advise in this case is a
matter for the Office of the Attorney General.

Question Nos. 420, 422 and 425

Chun an Aire Comhshaoil, Oidhreachta agus Rialtais Áitiúil:
To the Minister for the Environment, Heritage and Local Government:

To ask the Minister for the Environment, Heritage and Local Government the
reason he did not present a new National Monuments Act as promised in the middle
of 2008.

To ask the Minister for the Environment, Heritage and Local Government the
amount spent conducting a consultation for a revision of the National Monuments
Act 1930, and archaeological policy.

- Aengus Ó Snodaigh.

To ask the Minister for the Environment, Heritage and Local Government the
position regarding the promised National Monuments Bill; and if he will make a
statement on the matter.

- Joanna Tuffy.

For WRITTEN answer on Wednesday, 8th July, 2009.

Ref Nos: 28638/09, 28640/09 and 28691/09

REPLY

Minister for the Environment, Heritage and Local Government (Mr. Gormley):

I propose to take Question Nos. 420, 422 and 425 together.

The Expert Advisory Committee I established to review archaeological policy and
practice submitted its recommendations on improving and updating national
monuments legislation in February 2009, following which work began on the
preparation of Heads of a Bill. This is now at an advanced stage and I expect
to circulate the Heads to other Departments for consideration shortly.

The Expert Committee met five times during 2008 and the related costs, along
with the costs of information seminars held for other interested parties,
amounted to €30,871.38.
Question No. 423

Chun an Aire Comhshaoil, Oidhreachta agus Rialtais Áitiúil:
To the Minister for the Environment, Heritage and Local Government:

To ask the Minister for the Environment, Heritage and Local Government the
reason he has agreed a code of practice with Eirgrid when it is based on the
National Monuments Act 1930.

- Aengus Ó Snodaigh.

For WRITTEN answer on Wednesday, 8th July, 2009.

Ref No: 28642/09

REPLY

Minister for the Environment, Heritage and Local Government (Mr. Gormley):

Codes of Practice, such as that recently agreed between my Department and
EirGrid, provide a framework to enable infrastructure providers to progress
their work programmes, while carrying out appropriate archaeological mitigation
in accordance with an agreed set of principles and actions. They serve as
operational guidance to ensure best archaeological practice in accordance with
legal and other requirements and may be revised, as necessary, to reflect
legislative change or other relevant developments.

Question No. 429

Chun an Aire Comhshaoil, Oidhreachta agus Rialtais Áitiúil:
To the Minister for the Environment, Heritage and Local Government:

To ask the Minister for the Environment, Heritage and Local Government the steps
taken to protect Lismullen, County Meath; and if he will make a statement on the
matter.

- Joanna Tuffy.

For WRITTEN answer on Wednesday, 8th July, 2009.

Ref No: 28695/09

REPLY

Minister for the Environment, Heritage and Local Government (Mr. Gormley):

The national monument at Lismullin has been included in the Register of Historic
Monuments established under Section 5 of the National Monuments (Amendment) Act,
1987. That portion of the monument encompassed by the M3 Motorway Scheme has
been archaeologically excavated and recorded to achieve preservation by record.
Notice must be given to my Department no less than two months prior to the
carrying out of any works to a registered historic monument. In addition, no
detection device may be used at, or in the vicinity of, such a monument without
a licence from my Department.

DÁIL QUESTION
NO 171 & 172

To ask the Minister for Finance if his attention has been drawn to the fact that
the European Commission has sent a reasoned opinion to the Government to the
effect that the National Development Plan 2007 to 2013, containing Transport 21,
is in breach of EU law, due to the fact that is has not been subject to
strategic environmental assessment under the SEA Directive; and his response to
the Commission.

- Aengus Ó Snodaigh.
* For WRITTEN answer on Wednesday, 8th July, 2009.
Ref No: 28643/09

To ask the Minister for Finance the reason he continues to perform strategic
environmental assessments on the National Development Plan and Transport 21.

- Aengus Ó Snodaigh.

* For WRITTEN answer on Wednesday, 8th July, 2009.
Ref No: 28644/09

REPLY

Minister for Finance ( Mr Lenihan) : I propose to take questions number
171 and 172 together.

To my knowledge, no reasoned opinion on this issue has been received from the
European Commission by Ireland.

During the preparation of the NDP, the question of undertaking a Strategic
Environment Assessment (SEA) was considered by the Government. The outcome of
this consideration, which included taking legal advice, was that an SEA was not
required.

In 2007, the European commission sent a Letter of Formal Notice seeking
information on the NDP and its status as it was their opinion that the NDP
appeared to be a plan or programme subject to the SEA Directive. A reply
was sent to the Commission setting out our position that the NDP is not subject
to the aforementioned Directive.

The Commission sent a revised Letter of Formal Notice in 2008. Ireland’s
response confirmed our considered opinion that the NDP is not subject to the SEA
Directive.

Issues relating to Transport 21 are a matter, in the first instance, for the
Minister for Transport.

Dáil Question
No: 274

*To ask the Minister for Transport his views on the consequences, if UNESCO
tells the Government to move the M3, the Dublin-Navan railway and the electrical
connector; and if he has received advice on whether his proposal to run power
lines along the M3 requires a new EIA.

- Aengus Ó Snodaigh.

* For WRITTEN answer on Wednesday, 8th July, 2009.

Ref No: 28648/09 Proof: 258

Answered by the Minister for Transport
(Noel Dempsey TD)

REPLY

The nomination of sites for consideration as UNESCO World Heritage sites is a
matter for my colleague the Minister for the Environment, Heritage and Local
Government. The position on this matter is as set out in the Minister for the
Environment, Heritage and Local Government’s response today to a Question from
the Deputy on this subject.

As Minister for Transport, I have responsibility for overall policy and funding
in relation to the national roads programme element of Transport 21. The
construction, improvement and maintenance of individual national roads projects,
including the M3, is a matter for the National Roads Authority (NRA) under
section 17 of the Roads Act, 1993, as amended by the Roads Act 2007, in
conjunction with the local authorities concerned. Work on the M3 motorway is
well underway and is expected to be complete in 2010.

With regard to the proposed Dublin to Navan railway line, the preferred route
for the line follows the existing disused railway track bed between Clonsilla
(junction with the Maynooth line) and Navan. This route is approximately 7km to
the west of Tara. This project will be the subject of an application to An Bord
Pleanála for a railway order, and all relevant environmental and other issues
will be addressed in its consideration of that application.

Issues relating to the north south electrical connector are a matter for my
colleague the Minister for Communications, Energy and Natural Resources.

Dáil Question
No: 275

*To ask the Minister for Transport the reason, regarding the current case being
brought by the European Commission against Ireland, in the European Court of
Justice, for failure to implement the EIA Directive, he did not order the
National Roads Authority to halt works on the M3, in the Tara area, when the
European Commission put the Government on notice that an EIA was required; the
amount spent on outside legal counsel to defend this action in the ECJ; the
consequences for the M3 motorway if the ECJ finds against Ireland; the
consequences for the National Monuments Act 1930 and the NRA codes of practice,
if the ECJ finds against Ireland; the consequences for transport projects,
already underway, if the ECJ finds against Ireland; the person who bears the
costs if the EC orders a new EIA on the M3.

- Aengus Ó Snodaigh.

* For WRITTEN answer on Wednesday, 8th July, 2009.

Ref No: 28649/09 Proof: 259

Answered by the Minister for Transport
(Noel Dempsey TD)

REPLY

As Minister for Transport, I have responsibility for overall policy and funding
in relation to the national roads programme element of Transport 21. The
construction, improvement and maintenance of individual national roads projects,
including the M3, is a matter for the National Roads Authority (NRA) under
section 17 of the Roads Act, 1993, as amended by the Roads Act 2007, in
conjunction with the local authorities concerned.

The allocation of funding to individual national road projects, including the
M3, is a matter for the NRA under section 19 of the Roads Act, 1993, as amended
by the Roads Act 2007.

Ireland has been referred to the European Court of Justice (ECJ) by the EU
Commission concerning Ireland’s alleged failure to properly transpose and
implement certain provisions of Council Directive 85/337/EEC on the assessment
of the effects of certain public and private projects on the environment.

This is a matter for my colleague the Minister for Environment, Heritage and
Local Government. Ireland is strongly contesting the Commission’s assertions
and lodged a comprehensive defence in this case on 27 April 2009. The legal
costs of contesting this case are a matter for the Office of the Attorney
General.

The Court’s decision is not expected for some time. It is not expected to have
any implications for the M3 motorway, work on which is well underway and is
expected to be complete in 2010.

I am not prepared to speculate on the impacts (if any) of the Court’s
judgement until its detailed decision has been published and carefully
considered by the Irish authorities.