High Court to hear M3 legality challenge

The High Court will be asked today to halt archaeological excavations along the most critical section of the proposed M3 motorway…

The High Court will be asked today to halt archaeological excavations along the most critical section of the proposed M3 motorway in Co Meath until a final determination is made on their legality.

The works have been proceeding despite the fact that leave was granted for judicial review of the "directions" made on May 11th last by Minister for the Environment Dick Roche under the National Monuments Act 2004.

Large amounts of topsoil have been stripped by mechanical excavators, even though the director of the National Museum, Dr Pat Wallace, warned that "the chances of retrieving archaeological objects in the face of heavy machinery of this sort are . . . very limited indeed".

Dr Wallace is understood to have visited some of the sites along the route yesterday to inspect the works. However, the museum no longer has any role in the matter, as there is no requirement for ongoing consultation after ministerial directions are issued.

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In the legal action taken by Vincent Salafia, former spokesman for the Save Tara-Skryne Valley campaign, the National Roads Authority has joined the defendants - the Minister for the Environment, Meath County Council and the Attorney General.

Today's hearing in the High Court will be their first opportunity to answer the charges made against them, which allege that the current archaeological excavations along the route of the M3 are illegal for various constitutional and statutory reasons.

Meanwhile, a new national survey shows that 55 per cent of the 1,016 people interviewed believe the M3 should not go through the Tara-Skryne valley and almost seven in 10 said the motorway should go ahead, but on an alternative route.

The full findings of the survey, carried out last month, are available on the internet at www.hilloftara.info

Frank McDonald

Frank McDonald

Frank McDonald, a contributor to The Irish Times, is the newspaper's former environment editor