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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.
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.
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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.
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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.
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.
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.
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????
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?
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 !
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!
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.
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!!
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?
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.
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.
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?
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.
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