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Protesters who occupied Moore Street in February of this year. Niall Carson

Government to appeal decision to protect Moore Street battlefield site to Supreme Court

The Moore Street site was ruled a “battlefield site” by the High Court in March.

THE GOVERNMENT HAS decided to appeal the recent High Court ruling which declared Moore Street a 1916 battlefield site to the Supreme Court.

Earlier this year, a court action was successfully taken by the 1916 Relatives Group which sought to prevent the destruction of buildings on the street.

In March, the High Court ruled that Moore Street was a “battlefield site” and therefore was due protection.

In a 400-page judgment, Justice Max Barrett said the “wealth of evidence before the court” pointed to historical significance in some of the other buildings.

These include number 10, a portion of the parting wall at number 13 and number 18, as well as the building at 20-21 Moore Street.

Last year, the government stepped in to buy the site at 14-17 Moore Street, the building where the Rising’s leaders met and decided to surrender.

Minister for Arts, Heritage and the Gaeltacht Heather Humphreys argued that other buildings on the street, such as 13 and 18 and 19, “are not historically significant”.

However, the High Court ruled against that decision.

Implications of wider planning issues

Today, Minister Humphreys said due to the potential widespread implications of the judgment for planning and development nationally, the government would be appealing the decision.

She briefed Cabinet on the issue today, stating that she intends to establish a consultative group on Moore Street, as a means to make positive progress in relation to the future of the street. 

Legal advice from Attorney General 

The decision to appeal the judgment was taken following advice from the Attorney General and consultation with a number of government departments and agencies, including the Office of Public Works (OPW), the Department of Transport, the Department of Environment and Transport Infrastructure Ireland.

There are various reasons cited for the appeal, but the pivotal concern is that the judgement would have wider implications, which extend beyond Moore Street.

She said she believed the judgment could be used as a means to obstruct or delay planning and development right across the country.

The judgment extends the scope of national monument status, setting a precedent which could affect a wide range of vital infrastructure projects.
I fully understand that Moore Street is a location that holds great importance for many people. However, this judgment has implications that extend far beyond Moore Street.
The legal advice I have received, coupled with input from other government departments, highlights the impact this judgment could have on infrastructure projects countrywide.

Humphreys said the decision to appeal the High Court ruling does not mean a way forward cannot be found.

Following a suggestion from Fianna Fáil, a consultative group on Moore Street with an independent chair will be established in the coming weeks.

The group will include cross-party Oireachtas members and other relevant stakeholders.

Families 

It is understood the families of the 1916 leaders will fight the appeal.

Sinn Féin leader Gerry Adams TD has condemned the decision by the government to appeal the High Court decision which protects the 1916 Moore Street battlefield site.

Adams said he is “horrified”.

It is scandalous that in the centenary year of the Rising that the government would refuse to uphold a court judgement that would protect Moore Street and its environs that are part of the legacy of 1916.
Instead of defending and protecting the historical legacy of the Rising the government is putting the rights of developers and profiteers first.

Read: 1916 victory: Moore Street has been declared a ‘battlefield site’>

Read: ‘This is unacceptable to anyone who gives a damn about Irish history’>

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45 Comments
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    Mute Aoife
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    Jun 14th 2016, 7:35 PM

    Enda and his friends must be having their arms twisted by developers, you’d wonder why they’d contest the court ruling otherwise. Looks like the brown envelopes would have to be to returned.

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    Mute alphanautica
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    Jun 14th 2016, 7:59 PM

    Probably want to avoid wasting taxpayer’s money demolishing buildings that didn’t exist in 1916 to the state they were in in 1916 … i.e non-existent.

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    Mute Rusty Balls
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    Jun 14th 2016, 10:00 PM

    This baffles me. The entire lot of them attempted to use the 1916 commemoration ceremonies in order to squeeze every ounce of personal and political gain they could from them, yet have no scruples turning around and appealing a decision like this. It’s barfaced hypocrisy, I know we should be used to it by now but it never fails to disgust me. I’d have more respect for them if they admitted how much of a backhander they’re getting for this, not much, but more.

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    Mute Rebecca O'Neill
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    Jun 14th 2016, 10:15 PM

    Some of the buildings may be modern, but the preservation of the street scape is about allowing the area to still be read in the way it would have sat in 1916. The wider battlefield site is very important to the story of 1916, and erasing the lane ways erases that history.

    90
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    Mute Trevor Beale
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    Jun 14th 2016, 7:37 PM

    The woman’s a parasite. The past of this country means nothing to that woman.

    199
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    Mute Thomas Farrell
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    Jun 14th 2016, 8:55 PM

    Why would it to a member of the orange order who’s members historically have done their best to erode Irish history

    98
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    Mute M Bowe
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    Jun 14th 2016, 7:40 PM

    Is that renowned ‘Republican’ party of FF going to shore up this farce of a government in the face of this wanton attempt to destroy this countries true Republican heritage????

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    Mute Mary Murphy
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    Jun 14th 2016, 7:52 PM

    They don’t mind wasting taxpayers money appealing a decision that suits their friends. Fcuk off Enda and Heather

    145
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    Mute For Connolly
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    Jun 14th 2016, 7:50 PM

    Eh, didn’t FG specifically say at the time that they WOULD NOT appeal the high court decision?

    140
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    Mute Nollaig Kelly
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    Jun 15th 2016, 12:44 AM

    Are you surprised with anything that shower of chancers would do

    It’s only part of our history and you can’t sell that

    32
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    Mute Andrew English
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    Jun 14th 2016, 8:01 PM

    What an incompetent woman. Imagine a minister for arts and heritage challenging this? I wonder would she be as quick and stern to challenge the courts if it was an orange parade or bonfire in question?

    104
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    Mute James Kelly
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    Jun 14th 2016, 8:02 PM

    Hey citizens wakey ! wakey ! It may be of huge cultural, social and historic significance but in modern day Ireland where everything has a price but no value, Moore Street and environs is just another bit of real estate whose selling price will bear no relationship whatsoever to the immense profits that await private developers following a knockdown sale by FG to their friends who in turn will do more damage than the Brits in 1916 and then sell the “glass cages” to those with more money than sense . Yes, I do remember Dublin in the rare ould times !

    103
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    Mute John Michalski
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    Jun 14th 2016, 7:39 PM

    Groups, expert commissions, councils, enquires, blah blah blah.

    100
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    Mute Al Ca
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    Jun 14th 2016, 7:41 PM

    So many ways to give jobs to the faithful who lost their seats.

    103
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    Mute john
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    Jun 14th 2016, 7:56 PM

    Developers rule,history dose not matter to Enda,heather, n co..disgusting behaviour

    98
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    Mute Tomás Ó Briain
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    Jun 14th 2016, 8:27 PM

    The true nature of the Fine Gael/Blueshirt Party is clear from their behaviour in commemorating the occupation forces in the same breath as they commemorated the patriots of 1916. We are a sovereign nation, led by a crew that would gladly put the country back under the English yoke. In order to destroy any genuine republican feelings within the general populace they are waging a slow, long war of attrition on our culture, traditions, heritage and history. They do not see themselves as ‘Western Brits’ but as potential subjects of the Queen. Former Taoiseach, John Bruton, has even warped our history in his own mind to such an extent that he believes that the benevolent, democratic English Occupation Authorities would have ‘granted’ us Home Rule, if we had the patience to wait patiently, cap-in-hand, for it. His behaviour during the visit of the Colonel-in-Chief of the 1st Parachute Regiment, (of Bloody Sunday infamy) left us in no doubt where his political fantasies and hopes lie. Shameless poltroons the lot of them!

    95
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    Mute Christy Nolan
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    Jun 14th 2016, 8:03 PM

    Time to join the cause. If there is a protest movement count me in.

    91
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    Mute Mr Phil Officer
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    Jun 14th 2016, 7:58 PM

    Humphreys is on a personal crusade, mad to get the bulldozers in and plough over Moore St.

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    Mute Peter Fechter
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    Jun 14th 2016, 8:58 PM

    Poor Heather…not sharp enough to know shes just a patsy for the big boys with the big money….this is what she will be remembered for….this,her ineptitude and her gross remuneration.

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    Mute Darragh
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    Jun 14th 2016, 8:33 PM

    Disgusting

    62
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    Mute Dave Doyle
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    Jun 14th 2016, 8:54 PM

    The only heritage FG are interested in is money.

    57
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    Mute aboutallthethings
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    Jun 14th 2016, 10:48 PM

    Hold on, so the government are trying to have a national heritage site declared not that? No doubt so they can knock it and sell it to some developer who will build substandard apartments. I hope someone is taking notes for when it’s time to vote. This is madness!!

    46
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    Mute alphanautica
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    Jun 14th 2016, 7:54 PM

    Like New Sinn Fein, some of these buildings didn’t even exist in 1916.

    45
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    Mute Mr Phil Officer
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    Jun 14th 2016, 8:00 PM

    The High court says different.

    84
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    Mute ray.farrelly
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    Jun 14th 2016, 8:31 PM

    Alpha. There is no new or old Sinn Fein.there is just Sinn Fein.

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    Mute For Connolly
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    Jun 14th 2016, 8:33 PM

    “Like New Sinn Fein, some of these buildings didn’t even exist in 1916.”

    New (adjective)

    ‘of recent origin, production, purchase, etc.; having but lately come or been brought into being:
    a new book.’

    Yes, I’d imagine ‘new’ lots of stuff didn’t exist 100 years ago.

    Good lad.

    48
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    Mute alphanautica
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    Jun 14th 2016, 8:39 PM

    New Sinn Fein originates in the early 1970s when Gerry Adams established his splinter group.
    Nothing to do with the original Sinn Fein who didn’t take part in The Rising.
    Hardly news is it?

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    Mute ray.farrelly
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    Jun 14th 2016, 8:45 PM

    Alpha. Could you please tell me which political party on this island is called new Sinn Fein.now that would be news?

    33
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    Mute alphanautica
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    Jun 14th 2016, 8:49 PM

    Sinn Fein Nua

    13
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    Mute Dave Doyle
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    Jun 14th 2016, 8:53 PM

    ray.farrelly Not for trolling purposes there isn’t.

    11
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    Mute ray.farrelly
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    Jun 14th 2016, 8:57 PM

    Alpha. So are you saying there is a political party called Sinn Fein Nua. Some proof would be appreciated.

    31
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    Mute Dave Doyle
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    Jun 14th 2016, 9:04 PM

    ray.farrely alpha isn’t interested, he’s trying to refocus the issue away from FG being shown up for what they are.

    37
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    Mute ray.farrelly
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    Jun 14th 2016, 9:08 PM

    Dave. I know I just like showing him up for the fool he is.

    28
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    Mute Gus Sheridan
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    Jun 14th 2016, 9:20 PM

    Typical FGhoul traitors

    42
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    Mute Mindfulirish
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    Jun 14th 2016, 9:39 PM

    If it means work for people in DCC then they will keep going until they get what they want at the taxpayers expense. They sold all the council houses for half nothing so they wouldn’t have to deal with maintaining them. Now we are paying the price for that.

    34
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    Mute Celtic Druid
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    Jun 14th 2016, 10:55 PM

    It’s time there was a “Battle of Leinster House” and when it’s over I propose it is turned to rubble.

    If those blueshirts want to make history their own they would want to be careful as it may not be to their liking !!!!!.

    All it needs to change the way this country is going is for the people to say “We have had enough ” ,

    I HAVE HAD ENOUGH !!!!!

    30
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    Mute Gary Heslin
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    Jun 15th 2016, 1:20 AM

    Oh please minister let this one go and don’t take it personally the high Court ruling. Here’s a little idea put the money on appealing this into housing in Dublin for all those little kids who are holed up in a hotel room tonight instead of a home.

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    Mute J.Hanley
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    Jun 14th 2016, 11:47 PM

    Reminds me of this story I saw last week. Debtor EZ nations heritage and national assets being sold off and privatised in liquidation firesale.

    http://www.keeptalkinggreece.com/2016/06/04/historic-tombs-of-venizelos-transferred-to-privatization-fund-acropolis-next/
    “The tomb of one of the most famous Greek politicians Eleftherios Venizelos, the “maker of modern Greece” has been transferred to the new Privatization Fund allegedly in order to be able to be properly ‘utilized’ – see sold.

    Finance Minister Euclid Tsakalotos passed a legislation amendment on Thursday according to which all properties belonging to Greek Tourism Organization (GTO/EOT) will be transferred to the new Privatization super Fund that will sale them to interested investors.”

    It’s really disgusting how low Europe has sunk. How much longer are people going to stand by and let this happen? Why are the government so worried about this precedent? What other sites of historical significance do they intend to flog?

    23
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    Mute Austin Rock
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    Jun 14th 2016, 10:29 PM

    “a consultative group on Moore Street with an independent chair will be established in the coming weeks” No No not another political shirk. Cowards.

    23
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    Mute Charlie Fogarty
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    Jun 14th 2016, 8:17 PM

    MacMenamin to the rescue…maybe….JK lol. Only buzzin….

    20
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    Mute Dunkel Master
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    Jun 14th 2016, 11:26 PM

    She can go and F@#K

    16
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    Mute Buster VL
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    Jun 14th 2016, 8:48 PM

    Do to Moore St as they did to Nelson’s column.

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    Mute Mr Phil Officer
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    Jun 14th 2016, 9:15 PM

    Nelsons column was an eyesore. Dubliners hated it because it caused serious traffic disruptions, in fact nobody ever wanted it, the public fund raising project to erect the monument failed miserably because no one contributed to it. Good riddance.

    43
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    Mute Stiofain Murray
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    Jun 15th 2016, 11:13 AM

    I think the government should be chasing that scab who closed Clerys.

    She must be driven out of business entirely as she is a cancer on this country.

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    Mute Adam Smythe
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    Jun 14th 2016, 8:55 PM

    Heather Humphreys.
    Need I say more.

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    Mute Austin Doyle
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    Jun 14th 2016, 11:55 PM

    More brown envelopes

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