The decision to appeal the case is, says Arts Minister Heather Humphreys, because the ruling has “widespread implications” for planning and development nationally.
The decision was taken after consultation with Attorney General Maire Whelan as well as other departments.
Minister Humphrey’s department yesterday said one of the reasons for the appeal was “the potential for the judgment to set a precedent which could affect a wide range of vital infrastructure projects.”
The minister also said: “I have considered whether it would be possible to appeal sections of the judgment, but that is not a viable legal option.”
A consultative group on the future of Moore Street will also be established, it was announced, which will include cross-party Oireachtas members.
Reacting to the announcement to appeal the case, families and relatives of 1916 Rising fighters said they would fight the appeal.
Sinn Féin leader Gerry Adams also criticised the Government move: “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.”
Labour welcomed the decision to set up a consultation group by the Government. But Joan Burton, party spokeswomen on arts, also said: “I have seen the properties in Moore St and they are in a very precarious condition, but they are the very heart of the story of the 1916 Rising, and it would be reprehensible if the Government were to allow the centenary year pass without any real progress being made to bring about a long-term solution.”
The former tánaiste added: “It is incumbent on the minister to ensure that the group is given every opportunity to come up with a long-term solution for Moore St that is sustainable and workable.”
The Government also says they are appealing the case because of the judgment’s impact on the planning and development code as well as the manner in which the judgment widens the scope of national monuments status in “an unprecedented manner”.