M3 case could halt all works

A new legal challenge to the M3 motorway, which could potentially stop work on the entire roads programme, gets under way in the High Court this morning.

An Taisce is seeking leave to challenge the National Roads Authority (NRA) under Section 18 of the Roads Act, a section which relates to procedural issues, public consultation and the formal adoption of a plan for road works.

An Taisce will argue that the NRA did not follow correct procedures in formally adopting its road plan for the €900 million M3 project.

It is understood that An Taisce has been aware of the issue for some time, but has so far refrained from becoming directly involved in legal challenges to road schemes.

A previous High Court case in which the campaigner Vincent Salafia challenged the ministerial directions concerning the treatment of archaeological works on the M3 route, was rejected by the High Court.

Mr Salafia also challenged the constitutionality of section 14 of the 2004 Act on the grounds that it gave the Minister an unreviewable and unfettered discretion to disapply protections for national monuments. A Supreme Court appeal was withdrawn last October.

The challenge was confirmed yesterday by a solicitor for An Taisce, Padraig Ferry. He told The Irish Times the action "has only been taken after extraordinary and serious consideration by An Taisce, and has implications for all road developments." He added the action concerned "the requirement of public consultation in relation to those developments."

The NRA would make no comment on the case yesterday other than saying it was "one we are leaving to the courts". It is understood, however, that the authority considers its defence will be successful.

Legal sources indicated that if the High Court does not grant leave to hear the case this morning, the matter could end there. However, if the court does decide there is a case to answer, it is likely that a full hearing would have to take place.

What happens to the actual road works on the M3, or indeed elsewhere, is then unclear. Tribunals tend to stop work in certain areas when there is a legal challenge, but such a decision - or an order, if the court felt one was necessary - would have serious implications for the NRA. The NRA currently has almost €5 billion worth of road building schemes under management across the State and in Northern Ireland.

The M3 scheme has been one of the most controversial undertaken by the NRA, possibly surpassing controversy over the Glen o' the Downs dual carriageway in Co Wicklow and the Carrickmines section of the M50. Its route has been severely criticised for passing within a mile of the Hill of Tara, between Tara and the Hill of Skryne.