Newly-appointed Minister for the Environment John Gormley said last night he would not be overturning an order signed by his predecessor, Dick Roche, to allow the M3 motorway to be built over an historic monument in Co Meath.
Mr Gormley rejected Opposition claims that he had the power to repeal the order, saying Mr Roche had made a "quasi-judicial" determination which could not be set aside. "I have consulted with the office of the Attorney General who confirm this position," he said.
Labour Party environment spokesman Eamon Gilmore claimed that under Section 22 of the Interpretation Act 2005, the Minister had the power to reverse the order made by Mr Roche in one of his final acts in office.
Mr Roche's directions were issued under a provision of the National Monuments Acts, introduced in 2004. Mr Gilmore claimed that, according to Section 22 of the Interpretation Act, 2005, a Minister has the power to revoke or amend previous directions.
In a statement last night, however, Mr Gormley said that Mr Roche had been carrying out a quasi-judicial function, and without a change in material circumstances affecting the case, there was no basis for amending his predecessor's decision.
Mr Gilmore had said the issue would be the first real rest of the environmental credentials of the new Minister and the new Government. "The action Mr Gormley now takes will give us a clear indication as to whether there has been a genuine change of direction as the Greens claim, or whether the changes have been of a largely cosmetic nature as the programme for government would appear to indicate."
Fine Gael environment spokesman Fergus O'Dowd said the episode "highlighted the potential instability" of the new Government.
Mr 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. Campaigners, including the Green Party, had called for the road to be re-routed to preserve the historic site.
As he arrived at the Department of the Environment for the first time as Minister, 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.
Mr Roche said he signed the order on the advice of the director of the National Museum, Dr Pat Wallace. He said he had done Mr Gormley "some service" by sparing him such a difficult decision.
Green Party acting leader Trevor Sargent said it was unfortunate that Mr Roche chose to act as he was leaving office on an issue he knew was important to the Greens.The Taoiseach said Mr Roche had been completing his work by signing the order and "he was right to do that".
Mr Gormley said last night he had the opportunity to examine the file in relation to the Lismullin case. In carrying out his quasi-judicial function, Mr Roche had followed the procedures prescribed under the National Monuments (Amendment) Act 2004.
Advice from the director of the National Museum and the chief archaeologist of the Department of the Environment had indicated that excavation of the Lismullin enclosure was the preferred archaeological approach. "The alternative of leaving the monument in place would inevitably result in its destruction from the elements," said Mr Gormley.