"Tara Don't Want No Carrickmines"
meath |
history and heritage |
feature
Saturday January 31, 2004 16:50
by Vincent Salafia - Save Tara/Skryne Valley
salafiam at tcd dot ie
PO BOX 30, Tara, County Meath
(087) 132-3365
Cullen Must Place Preservation Order on All National Monuments of Ireland
'All interference with national monuments of Ireland is now presumed illegal and must cease immediately, until the Government has passed valid regulations governing such action. No Ministerial order, or grant of planning permission, authorising interference with a national monument, can be justfiably relied upon.Any attempt to disfigure any national monument, particularly the Hill of Tara, will have to answer to the citizens of Ireland, in their Courts.
The High Court has declared the system regulating destruction of national monuments unconstitutional, since it did not comply with the National Monuments Act, 1930 (as amended). The ‘technical glitch’ mentioned by Judge Kearns referred to the
Government’s attempt to dilute the protections contained in Section 14 of the Act, governing Ministerial Consent, not the Act itself.
The 1994 Amendment to the Act, drafted in response to Wood Quay, was designed to avoid the exact scenario we face today at Carrickmines. It required three state agencies to make the important decision to interfere with a national monument. By reducing the requirement to two actors by statutory instrument in 2002 the Government ignored the central democratic principle of checks and balances within the Act. When these two actors failed to perform their duties properly, there was no third actor to check it.
One cannot help but wonder if the drafting of the 2002 statutory instrument was linked to the ‘sudden’ closure of Duchas, The Heritage Service, in 2002? If so, it would appear that our own Government unconstitutionally conspired to dismantle, by stealth, all legal protections for heritage, long before Carrickmines Castle blew up.'
Related Stories and Links
Court Decision Welcomed by Greens
High Priest Cu Cullen Wants to Dig Up Hill of Tara
Carrickmines: They Haven't Gone Away You Know
History of Carrickmines from 'ANON'
Full Text of Original Contributed Piece
Statement by Vincent Salafia, Carrickminder, PRO Save Tara/Skryne Valley Campaign. 31 January 2004
All interference with national monuments of Ireland is now presumed illegal and must cease immediately, until the Government has passed valid regulations governing such action. No Ministerial order, or grant
of planning permission, authorising interference with a national monument, can be justfiably relied upon.Any attempt to disfigure any national monument,
particularly the Hill of Tara, will have to answer to the citizens of Ireland, in their Courts.
The High Court has declared the system regulating destruction of national monuments unconstitutional, since it did not comply with the National Monuments
Act, 1930 (as amended). The ‘technical glitch’
mentioned by Judge Kearns referred to the’
Government’s attempt to dilute the protections contained in Section 14 of the Act, governing Ministerial Consent, not the Act itself.
The 1994 Amendment to the Act, drafted in response to Wood Quay, was designed to avoid the exact scenario we face today at Carrickmines. It required three state
agencies to make the important decision to interfere with a national monument. By reducing the requirement to two actors by statutory instrument in 2002 the Government ignored the central democratic principle of
checks and balances within the Act. When these two actors failed to perform their duties properly, there was no third actor to check it.
One cannot help but wonder if the drafting of the 2002 statutory instrument was linked to the ‘sudden’ closure of Duchas, The Heritage Service, in 2002? If so, it would appear that our own Government
unconstitutionally conspired to dismantle, by stealth, all legal protections for heritage, long before Carrickmines Castle blew up.
The Government must immediately replace the third actor, preferably with another Minister as before, in order to reinstate the checks and balances under the
National Monument Act. It must not be allowed to use this occasion as an excuse to water down protections for all of Irish heritage by amending the National
Monument’s Act. What an embarrassment it would be for a nation such as ours.
The Minister for the Environment, Heritage and Local Government, Martin Cullen has acted illegally and it would be immoral of this Government to pass new legislation simply to legalize these illegal acts. He must now get down off his high horse, go around the
monument and complete the motorway, and spare the taxpayer any more wasted time or money. If the legally required system had remained in place the site would be intact, and the Motorway would be much closer
to completion. This is still his only sane option.
What does remain in place is the provision for a Preservation Order, under Section 8 of the National Monuments Act, which provides: “Where it appears to the Minister … that a national monument is in danger
of being or is actually being destroyed, injured, or removed, or is falling into decay through neglect, the Minister may by order entrust the preservation of such
monument to the Commissioners.”
Minister Cullen must exercise his existing statutory role and immediately place a moratorium, or Preservation Orders on all national monuments, including the Hill of Tara and Trim Castle, or face a litany of lengthy, costly and embarrassing legal
challenges in the future.
If anyone is aware of any national monument being interfered with, please email: salafiam@tcd.ie
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Comments (7 of 7)
Jump To Comment: 7 6 5 4 3 2 1.
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i as a FFer think it is disgraceful that there should even be comprehension by a nationalist party of building thru the most ancient and historic part of ireland.
Its like building thru the pyramids!
[The Government has been under a duty, since, because of Wood Quay, to create such a list. To date, they have failed miserably in completing this list. It has caused problems for developers and and conservationist alike. If it had been completed, it would have included Carrickmines Castle, and we would not be where we are today. Why have they failed in this critical duty?]
NATIONAL MONUMENTS (AMENDMENT) ACT, 1987 SECTION 5
Register of Historic Monuments.
5.— (1) The Commissioners shall cause to be established and maintained a register of historic monuments which shall be known as "the Register of Historic Monuments" and is referred to in this Act as "the Register".
(2) The Commissioners shall cause to be entered in the Register the name, location and a brief description of—
( a ) the historic monuments in the State which are known to them upon the commencement of this section,
( b ) the other archaeological areas in the State which are known to them upon such commencement, and
( c ) any historic monuments, or other archaeological areas, which become known to them after such commencement
and which, in their opinion, should be so entered.
(3) The Commissioners may amend or delete an entry in the Register.
(4) Subject to subsection (6) of this section, the Commissioners shall, as soon as may be after the establishment of the Register, cause to be published in Iris Oifigiúil a list specifying the historic monuments and archaeological areas then entered in the Register and such extracts, if any, from the Register in relation to those monuments and areas as they think appropriate.
(5) The Commissioners shall, as soon as may he after the making of an addition to, amendment of, or deletion from the Register, cause notice of the addition, amendment or deletion to be published in Iris Oifigiúil.
(6) The name, location and a brief description of a monument that was included in a list published in Iris Oifigiúil pursuant to section 8 of the National Monuments (Amendment) Act, 1954, shall be entered in the Register, but subsection (4) of this section shall not apply in relation to the monument.
(7) Where—
( a ) an entry is made in the Register in respect of a historic monument, or other archaeological area, or
( b ) an entry made in the Register in respect of a monument or other archaeological area is amended or deleted,
the Commissioners shall, as soon as may be, cause the reputed owner and (if the owner is not the occupier) the reputed occupier of the monument or area to be notified in writing of the entry, amendment or deletion as the case may be and, in a case to which paragraph (a) of this subsection applies, of the penalties which may be incurred by a person guilty of an offence under this section or section 2 of this Act.
(8) Where the owner or occupier (not being the Commissioners) of a historic monument or archaeological area that is entered in the Register or any other person proposes to carry out, or to cause or permit the carrying out of, any work at or in relation to the monument or area, he shall give notice in writing of his proposal to the Commissioners and shall not, except in a case of urgent necessity and with the consent of the Commissioners. commence the work for a period of two months after having given the notice.
(9) A notification under subsection (7) of this section shall be sent to the person concerned by registered post or be delivered to him by hand by an officer, servant or agent of the Commissioners.
(10) A person shall not, otherwise than in accordance with subsection (8) of this section or a consent under section 14 (2) of the Principal Act, demolish or remove wholly or in part or disfigure, deface, alter or in any manner interfere with a historic monument that is entered in the Register.
(11) A person who contravenes this section shall be guilty of an offence.
(12) Prima facie evidence of the fact that a historic monument or archaeological area is entered in the Register may be given in any court by the production of a copy of Iris Oifigiúil purporting to contain a list published therein pursuant to subsection (4) of this section or section 8 of the National Monuments (Amendment) Act, 1954, or a notice published therein pursuant to subsection (5) of this section, being a list or notice in which is specified the monument or archaeological area, as the case may be, aforesaid.
this is in theory a good idea. However if it wasn't totally independant of the governent it could be detremental . A list that was poorly done say for example leaving out "unknown " sites like Carrickmines was three years ago would legally give them the right to destroy monuments because they aren't included. There would have to be a very strong element saying that others could be added or it could be worse than the current leglislation
Of course they're different ....
Hutton is an Ulster Presbyterian, the irish judges are mostly Jesuit past pupils (Belvedere, Clongowes etc.) .......
"will have to answer to the citizens of Ireland, in their Courts"
Any victory is sweet, no matter how small, or temporary, but don't place too much trust in the court system. The establishment may back down a little when they are challenged through the court, as in the Carrickmines case, but that is just good old damage limitation.
Never forget that the court system is just another arm of the establishment, and if it was a crunch issue the judiciary would put the interests of the establishment first, just look at how Hutton came down on the side of Blair and against the BBC. Don't assume that Irish bigwigs are any different.