Minister Roche's "unreviewable discretionary power'.

national | history and heritage | opinion/analysis

Saturday January 14, 2006 20:31

by c murray - TaraWatch

dotliath at eircom dot net

n/a

4978026

The National monuments Act 2004(as amended)

The case taken by Vincent Salafia to
judicially review the decision to grant
38 licences to excavate along the M3
Kells to Clonee is being examined at the
High Court. It will resume at eleven am
on Tuesday the seventeenth of january.

The locus of the case is on establishing
whether the landscape surrounding
Tara can be designated as a complex
of National monuments.
Gerard Hogan SC arguing for
Mr Salafia claims that the
National Monuments Act 2004 (as amended)
grants the minister unreviewable
discretionary powers in relation to
the demolition of a national monument.
This is based on sections in the
amended National Monuments act
which he claims create a super
structure of protections for National
Monuments, which he can disapply
based on "The Public interest"
the relevant sections are 14(a)5,
14(2)d and 14(8)1.
It mandates minister Roche to
do admininstrative acts.
The minister may have regard to
but is not obliged to have regard to
additional factors inrelation to
his decisions.
it is argued that his discretionary
powers are purely subjective.
Case continues.

save preference

Comments (10 of 10)

We had a heritage

by Seán Ryan

Sun Jan 15, 2006 01:11

This is one of the most sacred sites in Ireland, both from a historical perspective, and for many from an actual religious perspective.

Our children play cowboys and indians, and for the final act of extraordinary rendition of our national identity, that which was kept in shadows is unveiled and publicly destroyed.

One man's discretionary power is responsible for the insult we offer to ourselves and our ancestors, and our children not born yet?

That's dictatorship at its most blatent.

Shame on them.

Shame on us.

Seán

It's not built yet

by joelle elf

Sun Jan 15, 2006 01:22

........and its up to us to see it is never buit.

Place and identity.

Sun Jan 15, 2006 11:38

Thanks for the comments. It is about
culture, place, stories and identity.
It is also about the virus called
"Partnership". In this country, the
concept of partnership, when applied
to fast-track infrastructural projects,
is weighted to administrative and
commercial concerns.
communities are alienated as
part of the process.the necessary
knowledge to counter the process is
difficult to attain and presupposes
a good grasp of legalese.
The judicial review of Minister
Roches decision will accomplish
at least an opening out of the use
of statute to achieve his aims.
It is important to be angry but
also to come to the court, listen to
the proceedings and create
links with the groups who oppose what is
essentially a matter of bad legislation
and wish to expose and oppose it.
The NRA operates without an agreed
code of practice.Duchas has been
abolished since 2003.The responsibility
of the citizen is to question and campaign
for proper statutory protection of
our monuments .

Why not post info here.

Sun Jan 15, 2006 14:08

If you were to post details of events you guys have organised, and court dates and for that matter evidence to be submitted.

Indy is becoming very popular. Why not submit your evidence to the people before the state is allowed to disallow it?

Who knows what could be organised, or for that matter disorganised.

you never know with enough push we'd secure the return of the Lia Fáil itself.

best wishes,
Seán.

This information is in the public domain.

Sun Jan 15, 2006 14:41

The information re the code of practice
governing the identification, excavation of
archaeological sites is in the public
domain.
since it's inception in 2000, to 2003 when
duchas was abolished by Cullen, the
activities of the NRA were governed
by it. It is non-statutory. Since 2003, it has
been operating with a free hand.
I would like to instigate a campaign
to have the NRA audited.
Re affidavits, they are not in the
public domain but under the authority
of the courts and therefore can only be
reported as part of that process.
Re meetings, we currently meet in the
four courts, between breaks, but I am
scheduling a meeting to discuss the
outcome of the legal case and on
gig organising next week , I will post.
Re public domain and awareness
it's important to follow all stories
dealing with legislative changes, currently
FOI and privacy laws are being debated in the
press. Thanks, chris.

I shall begin my education into codes of practice.

by Seán

Sun Jan 15, 2006 14:50

If turn up anything useful I'll post it. Might take some time, but if I can I will.

Take care,
Seán

unreviewable discretionary power?

by .

Mon Jan 16, 2006 10:35

Fair bit of case law on that one!

Such a notion is abhorrent to the Irish Constitution.

East Donegal Co-operative Marts v. Attorney General

addresses the legal issue of ministerial powers.

Artificial insemination and Tara.

Mon Jan 16, 2006 11:06

Cited Murphy V regions, E Donegal.
Artificial insemination and Tara. a most interesting precedent!
Maybe Minister Roche has been studying it too. Chris

Mon Jan 16, 2006 11:22

yeah, sticking something alien in a place where it's not wanted!!!!

Links to articles

by Mick

Mon Jan 16, 2006 15:13

Check out the archive of newspaper articles on the matter at http://www.hilloftara.info and register at http://groups.yahoo.com/group/taralitigation/

Here's one from the Telegraph

Seat of Celtic kings is threatened by motorway

By Tom Peterkin, Ireland Correspondent
Telegraph (Filed: 13/01/2006)

A plan to build a motorway beside the hill where ancient Celtic kings
were crowned has been challenged in court as campaigners fight to save
a monument described by W B Yeats as the "most consecrated spot in
Ireland".

The Irish government's proposal to build a new commuter route for
Dublin through the valley containing the Hill of Tara has infuriated
archaeologists, historians and conservationists.

The battle, which has been depicted as a conflict between Ireland's
mystical past and the materialistic modern nation of the Celtic Tiger,
yesterday came to the High Court in Dublin...

http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2006/01/13/wtara13.xml&sShe\et=/news/2006/01/13/ixworld.html

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Minister Roche's "unreviewable discretionary power'.

Comments (10 of 10)