From Department of Housing, Local Government and Heritage
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The revised general scheme of the Monuments and Archaeological Bill has been presented this evening to the Joint Committee on Housing, Local Government and Heritage by Minister of State for Heritage and Electoral Reform, Malcolm Noonan T.D. The proposed Bill intends to revise and replace the National Monuments Acts 1930 to 2014 and other related legislation.
The proposed Bill seeks to introduce new measures to protect archaeological structures and sites, including the establishment of a single Register of Monuments, a statutory reporting scheme for newly discovered monuments and provisions to prevent the illicit import and possession of stolen cultural property. Another innovative element of the proposed Bill is to incorporate historic wrecks and underwater cultural archaeological objects into the new scheme for monument protection. The proposed Bill will also enable the State to ratify and give effect to several important international conventions relating to the protection of cultural heritage.
The National Monuments Act 1930 was inventive and forward looking in its time, as were the various amending Acts over the decades. However, those multiple amendments (combined with multiple transfers of functions) have resulted in fragmented legislation which is far from easily accessible and comprehensible. The proposed legislation aims to address a range of structural issues, simplify terminology, as well as provide a single accessible piece of legislation.
Commenting on the introduction of this Bill, Minister Noonan said:
“This proposed Bill will modernise existing legislation protecting monuments and archaeology – some of this legislation dates back to the 19th century. It covers a breadth of areas including licencing, a reporting system and a single Register of Monuments. If enacted, this legislation will substantially strengthen protection of archaeological heritage for the enjoyment of future generations and also represent major progress on the protection of our built heritage. My Department recently published our Vernacular Strategy to protect traditional buildings, and will also launch Heritage Ireland 2030 in the coming weeks, a new national heritage plan to provide a vision and backdrop to realise our full set of ambitions for Ireland’s built, natural and archaeological heritage.”
ENDS
Notes to the Editor
Some of the specific proposed actions in the Bill include:
• Establishment for the first time of a generally applicable system for the protection of newly discovered archaeological structures
• Creation of a single Register of Monuments to replace the several overlapping systems currently used for designating and protecting monuments
• Introduction of a statutory reporting scheme, and corresponding legal protection, representing a major strengthening of the legal protection for archaeological- structures and sites.
• Ensuring that all objects coming within the definition of “archaeological object” will be legally protected through a licensing requirement for their alteration and all finds of archaeological objects will have to be reported to the National Museum of Ireland.
• Provides for the enactment of the 1972 UNESCO Convention Concerning the Protection of the World Cultural and Natural Heritage as ratified by Ireland in 1991. This intends to give the term “World Heritage Property” a legal basis in Irish law for the first time, thus strengthening the legal standing of the use of the term in county development plans as adopted by planning authorities.
• Proposal that the ratification of two important international Conventions pertaining to archaeological finds, enabling Ireland to play its part in the international effort to combat the illicit trade, and looting of, antiquities and cultural objects. These two Conventions are:
- the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property; and
- the 1995 UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects.
• Revise protection of historic wrecks and archaeological objects located underwater and make provision for the first time that such wrecks with no known owner are State property. The proposed Bill also proposes that commercial salvage law (in particular rights to be recognised as salvor in possession or to claim salvage rewards) does not apply to historic wrecks.
• Introduction of an integrated licencing system whereby one licence can authorise a range of activities to be regulated under the Bill. A common set of application procedures, matters to be considered and powers to impose conditions will be available in respect of all applications for licences under the Bill. A statutory appeals process with regard to regulatory decisions will also be introduced for the first time this will promote regulatory reform and procedural fairness while at the same time strengthening heritage protection.
• Introduction of three statutory inventories (architectural heritage, archaeological sites and historic wrecks) and provide discretionary powers to create inventories of other categories of sites.
• Provision for the Minister, in consultation with other relevant authorities, to issue guidance on dealing with all aspects of historic heritage in the Environmental Impact Assessment process and to issue guidance to local authorities on how they should deal with historic heritage in the exercise of their functions.. Local authorities will be obliged to have regard to such guidelines
• Establishment of penalties for offences created under the proposed Bill. For the most serious offences, penalties of up to 5 years imprisonment and a €10,000,000 may be imposed.