Oireachtas Joint and Select Committees

Thursday, 29 June 2023

Select Committee on Housing, Planning and Local Government

Historic and Archaeological Heritage Bill 2023: Committee Stage

Photo of Cian O'CallaghanCian O'Callaghan (Dublin Bay North, Social Democrats) | Oireachtas source

I thank the Minister of State for his response. The current situation with legislation relating to monuments is that areas surrounding them can also be protected. That is quite different from an archaeological reserve or landscape. We are talking about the area surrounding a monument. Such an area could be relatively small. That is very different. Ireland ratified the Valletta Convention in its entirety. We did not ratify it in part or say that we would cherry-pick from it. The report from this committee was strong in this regard and recommended that the Bill incorporate the principles and requirements as laid out in the article to the European Convention on the Protection of the Archaeological Heritage and make specific reference to the Valletta Convention. There was no suggestion from the report, which was passed unanimously, that some specific principles and requirements would be omitted. We already have archaeological reserves or landscapes in Ireland. They are a reality. Our two UNESCO sites clearly fall into that category. UNESCO highlighted, for example, the dramatic topography of the island of Sceilg Mhichíl, which I have been lucky enough to visit, and the integration of the various monastic elements within the landscape there that reinforce the uniqueness of the site. Similarly, the UNESCO site at Brú na Boinne qualifies as an archaeological reserve. The monuments in a broad swath of protected surrounding terrain are delineated by a very clear, formal boundary. For example, the monastic remains occupy only a small area of Sceilg Mhichíl and the tombs at Brú na Boinne also occupy a low percentage of the designated area. To put it simply, both world heritage sites that we have are archaeological landscapes. However, such landscapes are not specifically protected under the Bill.

Given that these archaeological reserves or landscapes already exist, why are the full areas they cover not being afforded proper legal protection under the Bill? Furthermore, how can we have major battlefields, some of which are of European importance, left totally unprotected in the Bill? Conservative estimates indicate that the cost of the Battle of Aughrim, fought on 22 July 1691 by the Williamites and the Jacobites, was more than 7,000 lives. The bodies of the fallen were never recovered and thus are scattered around the battlefield. What is the full extent of that battlefield? One thing for certain is that it does not enjoy protection under this Bill. Why would we not give legal protection to the significant archaeological reserves that exist? Where is the definition of "archaeological reserves" in this Bill? Why is this matter not being addressed? That is quite different from the provisions relating to the area surrounding a monument that is already provided for in existing legislation.

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