Oireachtas Joint and Select Committees

Thursday, 27 January 2022

Joint Oireachtas Committee on Housing, Planning and Local Government

General Scheme of the Monuments and Archaeological Heritage Bill: Department of Housing, Local Government and Heritage

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein) | Oireachtas source

Gabhaim buíochas leis an gCathaoirleach agus leis an Aire Stáit as an gcur i láthair. The Bill has been a long time coming. I remember it being on the list of promised legislation in 2002. At least we have the heads of a Bill. I have gone through them and good work has been done.

There have been additions and clarifications.

In terms of the point that has just been made about the curtilage, it is not just the curtilage but the surrounding area, which suggests more than a curtilage in head 9. That would have probably saved a lot more buildings on Moore Street than is suggested at the moment but I am not going to dwell on Moore Street as we had discussion previously.

As well as the modernisation of legislation and defining the licensing process, which is welcome, there is no definition of a "monument". It is a building, mound or structure for most people. As far as I know, there are national monuments that are artefacts. Perhaps the Minister of State will tell me whether the Book of Kells is a national monument; we know that it is a national treasure. If that is the case then it would be appropriate to have a greater definition than what we have at the moment because it just states: “monument” means – (a) a registered monument, or (b) a prescribed monument'. The definition does not say what the monument itself is but maybe that is an oversight.

It is good that there is now a proposed list of preserved or protected buildings. There is a need for the relationship between the list that the State will have, as in the national monuments list, and those that the council often holds, which are specific buildings and might not be as important as national ones but there needs to be some relationship or connection.

There is nothing in the Bill thus far regarding a crime. I ask that a crime be created to make it illegal to hide a discovery because of the increase in building works around the city. We know that in the past there were occasions when building works happened and to avoid delays, because of archaeological digs and the like, some builders papered over the cracks, laid concrete or removed material. It is a crime to interfere with archaeological artefacts and I am concerned about this.

With regard to territorial waters around Ireland, we have a 12-mile, 50-mile and 200-mile limits. So far only the 12-mile limit has been mentioned in pre-legislative scrutiny.

Finally, throughout the Bill reference is made to the board of the National Museum rather than to the director and I do not know whether the director would be active. The board only meets once a month or once every two months and I do not know whether the board would have the capability to deal with some of the proposals in the PLS, which will require faster action.

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