The Political Background to the destruction of the Lismullen National Monument

Situation
In early 2007, archaeologists working on the route of the M3 Highway
near the village of Lismullin, Ireland, discovered a vast Iron Age
ceremonial enclosure, or henge, surrounded by two concentric walls. The
2,000-year-old site is just over a mile from the Hill of Tara,
traditional seat of the High Kings of Ireland. In late 2007, a large
stone with inscribed megalithic art was discovered at a souterrin
associated with the Lismullen Henge near the Hill of Tara. The monument
is located in the valley between the hills of Tara and Skreen. Lismullen
is the vicinity of the Rath Lugh National Monument. [1] The megalithic
discovery was of potentially enormous consequences. It gave the
strongest possible evidence that the Tara/Skreen (Gabhra) and the Boyne
Valleys are closely interlinked, both in terms of historical
development, the age of the monuments concerned, (the Mound of the
Hostages on the Hill of Tara is dated back to 2500 BC, about 5,000 years
old, the approximate age of Newgrange, Knowth, and Dowth, respectively.
[2]
Description
The Lismullen National Monument consists of two outer circles and one
inner circle of stakeholes, which were originally timber, (15-20 cm in
diameter). The enormous henge measures more than 260 feet in diameter,
specifically, the circular enclosure is 80 metres in diameter with a
small inner central enclosure which is 16 metres in diameter. Two
further rows of stakeholes show evidence of an entrance and passageway
from the inner to the outer enclosure. No visual simulation has been
made which would enable the public to properly appreciate what must have
been a magnificent and awe-inspiring structure. (In the p.6. Deevy
report, it is stated that when the excavation is completed it is
proposed to produce conjectural reconstruction drawings, 3D graphics and
a topographical model for display to the public). The NRA report of the
discovery of the Lismullen Henge states that Lismullen's closest
parallels are phases of the royal sites of Emain Macha, and Dun Ailinne,
Co. Kildare, the report goes on to assert that Lismullen is of lesser
importance: "although Lismullen is of a much smaller scale, is much less
complex and appears to represent a single phase of use." (p.1). [3]
In August 2007, a US archaeologist, Dr. Ronald Hicks, of Ball State University, Indiana, argued that the Lismullen "Henge" is part of a wider ritual complex and should be preserved in situ. He contended that Lismullen was directly comparable to ceremonial enclosures found at Tara and other royal sites in Ireland such as Eamhainn Macha (Navan Fort). Dr. Hicks stated that: "The monument discovered earlier this year at Lismullin is, quite simply, unique. For that reason, if for no other, it should be preserved." In 2008, Archaeology Magazine, a publication of the Archaeological Institute of America, named the Lismullen national monument as one of the 10 most important archaeological discoveries of 2007 in the world, in its January/February 2008 issue. [4]

M3 Highway
The Lismullen site was found in the path of the M3 during actual construction work in April 2007. This discovery of Lismullen came just a day after the former transport Minister Martin Cullen formally opened the construction phase of the ¤850 – 1 billion project. The Lismullen Henge was granted National Monument Status, and all works were halted on the site. On 12th June 2007, in one of his final acts of office, former environment Minister Dick Roche signed an order of preservation by record; directions that a designated National Monument, in this case, Lismullen, would be photographed, sketched and measured before being destroyed to make way for the motorway. The revised 2004 National Monuments Act grants the Minister for the Environment the power the destroy a National Monument. [5]
Ministerial Directions
In his directions to the NRA about Lismullen, the current Minister for the Environment, and Green Party member, John Gormley maintained he did not possess the authority to revoke Roche's decision without a material change in circumstance. He stated that he had specifically consulted the Attorney General on this important point. The Minister stated that he had followed the procedure outlined under the 2004 act, namely consultation with the Director of the National Museum, Pat Wallace. The advice from the Department's Chief Archaeologist, Brian Duffy, was to the effect that leaving Lismullen in place would lead inevitably in its destruction from the elements. Minister Roche had already decided that since the destruction of Lismullen was a physical inevitability, the NRA had better proceed and demolish the monument after excavation. [6]
In June 2007, Minister Gormley not merely confirmed decision not to re-route the highway away from a major national monument, he also confirmed the former Minister and Chief Archaeologist's pretext used to destroy the monument. Minister Gormley also ignored the opportunity to immediately revise the 2004 National Monuments Act.
In deciding to proceed with the original M3 route over Lismullen,
Minister Gormley stated he has received unequivocal advice from the
Attorney General that, without a change in material circumstances
relating to the newly discovered monument, it is not open to him to
review, or amend, the directions given by his predecessor in this case.
Mr. Gormley stated that, according to advice from the Attorney General,
his hands were tied in this regard.
The National Monuments Act of 2004 is unconstitutional, however, the
Minister is acting in breach of it by limiting the powers of his office
of his own accord without any legal authority to do so. Ministers Roche and Gormley failed to mention the example of the
Woodstown National Monument, found in the path of the N27
dual-carraigeway, It was subsequently declared a national monument by
Minister Roche in 2005 in a move that meant a section of the ring road
being rerouted. Campaigners appealed the Lismullen decision to the
planning board, (An Bord Pleanala), but on the 22nd August 2007, the
board announced that the demolition could proceed, as it did not
constitute a material alteration to the M3 scheme which it had already
approved. [7]
The power granted to the Minister to destroy a declared National Monument under the 2004 act are contrary to European law. Minister Roche's decision is under investigation by the European Court of Justice and was one of the grounds of the case initiated by the European Commission against the Irish Government after the discovery of Lismullen on October 17th 2007.
However, legislation to update the 2004 National Monuments Act to meet European requirements has been announced by former Taoiseach Bertie Ahern before the Oireachtas but will not be brought foward before the house before 2009.* [8]
* Our thanks to Deputy Joanne Tuffy for giving us this information.
© The Tara Foundation, 2008

Sources
[1] https://www.archaeology.org/0801/topten/tara.html
Ministerial Directions to the National Roads Authority in respect of the
newly discovered National Monument in Lismullen Townland., Co. Meath on
the route of the M3 Clonee to North of Kells approved road development.
[2] https://www.savetara.com/statements/022208_threatened.html
[3] Report of the Doscovery of a National Monument at Lismullen: A008/021 & E3074.
https://www.tarawatch.org/?page_id=369 https://meathtourism.ie/LocalAuthorities/Publications/HeritagePublications/File,7286,en.pdf
[4] https://www.irishtimes.com/newspaper/breaking/2007/0821/breaking46.html
https://tarawatch.org/?p=470
https://www.archaeology.org/0801/topten/
[5] https://www.rte.ie/news/2007/0822/tara.html https://www.nra.ie/News/DownloadableDocumentation/file,10027,en.pdf https://www.oireachtas.ie/documents/bills28/acts/2004/A2204.pdf
[6] National Monument at Lismullen on the route of the M3 approved
road development. Consultation with Director on draft Ministerial
Directions (A042). https://www.environ.ie/en/Publications/Heritage/NationalMonuments/FileDownLoad,14639,en.pdf
Directions to the NRA in respect of a newly discovered National Monument
in Lismullen Townland., Co. Meath on the route of the M3 Clonee to
north of Kells approved road development. https://www.environ.ie/en/Publications/Heritage/NationalMonuments/FileDownLoad,14633,en.pdf
[7] https://archives.tcm.ie/waterfordnews/2005/05/27/story18167.asp
[8] https://www.tarawatch.org/?page_id=662
Documentation relating to the Lismullen Henge
https://www.tarataratara.net/resources/Reports/NRA/Lismullin-report.htm
https://www.environ.ie/en/Publications/Heritage/NationalMonuments/
https://www.indymedia.ie/article/82284
https://www.tarawatch.org/?p=365
https://www.tarawatch.org/?p=591
https://www.archaeology.org/0801/topten/
NRA Reconstruction of the Lismullen Henge
https://www.environ.ie/en/Publications/Heritage/NationalMonuments/FileDownLoad,17214,en.jpg