Malcolm Noonan (Carlow-Kilkenny, Green Party) | Oireachtas source

I thank the members of the committee for affording us the opportunity to brief them on the proposed monuments and archaeological heritage Bill. The Chair has outlined our officials. I welcome Emer Connolly, the recently appointed director of the National Monuments Service; Michael MacDonagh; Seán Kirwan; Nessa Foley; and Seán Carpenter, who recently joined our team as well. I am delighted to have the opportunity to discuss the Bill’s general scheme, which was approved by the Government on 30 November 2021, and I thank the committee for the speed with which we are now able to commence the pre-legislative scrutiny process.

The proposed monuments and archaeological heritage Bill is important legislation that has been in development for a number of years. It both revises and replaces the existing legislative framework, which is nearly 100 years old, and introduces a range of innovative provisions to help bolster some of the systems and processes currently in place. Overall, it seeks to provide for the effective safeguarding and conservation of our treasured archaeological heritage. It is my hope that if enacted, it can continue to protect our monuments for another 100 years to come.

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 left us with fragmented legislation that is far from being easily accessible and comprehensible. Moreover, the legislative scheme as it stands leaves some significant gaps and is unclear and inconsistent in significant areas. These include overlapping systems for protecting monuments, lack of clarity in some key definitions, overlapping licensing requirements, absence of any protection for new discoveries of archaeological monuments and a lack of clarity as to the role of the Office of Public Works in regard to the management of the portfolio of national monuments in the care of the State. The proposed legislation aims to address all of these structural issues, as well as to provide a single accessible item of legislation.

One of the core purposes of the proposed Bill is to protect monuments and the first of several innovative ideas to be found in the general scheme is the concept of a prescribed monument. Regulations to be introduced under the enacted Bill will set out classes of structures and sites that are of archaeological interest and these structures and sites will then become prescribed monuments. The purpose of this approach is to ensure that newly-discovered archaeological sites have immediate protection, thus ending one of the major inconsistencies in existing legislation.

The term "prescribed monument" is one of two terms that when grouped together will define what a "monument" is under the proposed Bill, the other being a "registered monument". A "registered monument" will refer to something entered into a newly established register of monuments. In general, any structure or site that is of archaeological, architectural, artistic, historic or traditional interest may be eligible for entry into the register. When we refer to monuments under the proposed Bill, we refer to prescribed monuments and registered monuments. This is but one example found throughout the general scheme where attempts are made to simplify terminology and definitions, especially because some of the terminology under the existing National Monuments Acts can be confusing and inconsistent in places.

Ireland ratified the 1972 UNESCO World Heritage Convention in 1991. Part 3 of the proposed Bill will define the term “world heritage property” in Irish law for the first time. Importantly, there are a number of other significant international conventions that can be given effect to under the proposed Bill, should Government decide to ratify them. These conventions cover matters of global importance such as the illegal trade of stolen cultural property and the protection of underwater cultural heritage.

The intricate licensing and consent requirements provided for under existing legislation are to be replaced by a single integrated licensing system, thereby ending the situation whereby a single activity might require several different licences or consents. Furthermore, an appeal process for licensing decisions is to be introduced for the first time. This new licensing system is an example of the intention to have legislation that is innovative yet balanced, promoting regulatory reform and procedural fairness while at the same time strengthening heritage protection.

As things stand, criminal proceedings are the only enforcement option available to authorities. The planned enforcement notice system will be a major innovation that will see workable and robust civil enforcement powers that can be introduced to aid enforcement and help ensure compliance with the legislation without the need for criminal proceedings.

Throughout the development of the general scheme, there has been detailed engagement with other Departments and a range of key stakeholders. I acknowledge the broad support the general scheme has received to date. Please be assured that, where required, my officials will be in contact with their counterparts in other Departments and with other organisations as the Bill is developed and drafted.

My officials and I welcome the questions committee members may have. I will ask the officials to respond to a number of them. We look forward to the questions and to ongoing engagement with the committee. The committee has always been very proactive in taking a very comprehensive view of legislation brought forward. We look forward to this engagement in the coming weeks.