Dun Laoghaire-Rathdown County Council has undertaken before the Supreme Court to halt any works that may adversely affect a national monument on the M50 road extension at Carrickmines.
The undertaking relates only to works which may affect the national monument and will not stop all works in connection with the M50 extension.
The undertaking applies pending the determination of High Court proceedings challenging the construction of a roundabout over medieval remains at Carrickmines. That challenge, brought by Co Kerry man, Mr Michael Mulcreevy, will open today before Mr Justice Kearns.
While giving the undertaking yesterday, Mr Dermot Flanagan SC, for the council, said that, after another court injunction restraining works on the Carrickmines Castle site was lifted on December 8th last, there had been a "lot of archaeological resolution" on the site, to the council's satisfaction. This meant there were now areas within the site that did not involve excavation or digging works.
Mr Flanagan was referring, it is understood, to the fact that parts of the mediaeval remains in question have been excavated since the lifting of the injunction. Yesterday, counsel sought and secured permission that work to preserve the remains already removed could continue. However, no other works affecting the national monument would be carried out, he said.
Works of excavation, he said, had in fact ceased since 4 p.m. on Tuesday when the Supreme Court had granted leave to Mr Mulcreevy, to take his judicial review proceedings.
Mr Colman Fitzgerald SC, for Mr Mulcreevy, said he had some concerns about what Mr Flanagan was saying and there seemed to be some ambivalence on the council's side. His side's intention was to restrain any work involving defacing, destruction, interference with or removal of the national monument.
There was no objection to works conducted with a view to preserving the archaeological material on site, but the site was a complex that could not be divided into bits. He would have problems with road works on any part of the site.
The Chief Justice, Mr Justice Keane, said any application to restrain all road works went further than the ground on which Mr Mulcreevy has secured leave to challenge the works. Mr Fitzgerald said he was only seeking to stop works that would involve demolition or removal of the national monument.
After further submissions, Mr Flanagan said he would give an undertaking that restrains any works involving defacing, destruction, removal of or interference with the monument. Counsel added there was some activity on the site but none which interfered with the national monument.
Mr Justice Keane said the legal challenge should should take no more than half a day before the High Court.
