Eoin Ó Broin (Dublin Mid West, Sinn Fein) | Oireachtas source

I move amendment No. 51:

In page 30, between lines 9 and 10, to insert the following: “(5) (a) In the case of historic, archaeological and cultural heritage produced in or which originated in Ireland, but which is beyond the territorial extent set out in subsection (1) as a result of theft, plunder, deception, colonial practices, other unethical methods or where there is doubt surrounding the provenance of heritage understood to be of Irish origin, the Minister shall actively endeavour to secure the repatriation of such heritage to the island of Ireland, including through the petitioning of states and institutions in current possession of the heritage.

(b) The Minister, and any relevant public bodies in the possession of relevant heritage and in receipt of State funds, shall cooperate with requests for the repatriation of heritage produced in or originating in other states which have come to be within the territorial extent set out in subsection (1) as a result of theft, plunder, deception, colonial practices, other unethical methods or where there is doubt surrounding the provenance of heritage understood to be of foreign origin, in any instance where such repatriation is sought by a state of origin in accordance with this subsection, unless such a state fails to agree to cooperate with efforts by the Minister under paragraph (a) on the basis of reciprocity.”.

This amendment, which has been drafted by my colleague Deputy Ó Snodaigh, seeks to insert the following into section 4 of the Bill:

In the case of historic, archaeological, and cultural heritage produced in or which originated in Ireland but which is beyond the territorial extent set out in subsection (1) as a result of theft, plunder, deception, colonial practices, other unethical methods or where there is doubt surrounding the provenance of heritage understood to be of Irish origin, the Minister shall actively endeavour to secure the repatriation of such heritage to the island of Ireland, including through the petitioning of states and institutions in current possession of the heritage.

The amendment goes on to specify in more detail the examples by which that can be done. Obviously when these issues come up on the television it is more about the Elgin Marbles and other very significant pieces of heritage that have found themselves adorning the museums of former colonial empires through colonisation or conquest, much to the discomfort of the host nations. We have some of those. They might not get the same prominence or have the same levels of international recognition but they are still here. I am sure they will have been mentioned during the Seanad debate and will have been listed by Deputy Ó Snodaigh on Second Stage in the Dáil. While the wording of this amendment might not be as technically proficient as it would have been if it had been drafted by the eminent gentlemen on both sides of the Minister of State, the principle is really important. If there is stuff in other countries that should not be there, having been taken from Ireland through inappropriate means or what the Government of the day believes were inappropriate means, the Government and the Minister should have an obligation set out in legislation to endeavour to recover it by whatever means are legally available. Ultimately, this comes down to the decision of the State or the institution in the State that holds such important pieces of our cultural heritage. I think it is an important principle. Regardless of whether the Minister of State can support this amendment, I would have thought that he would be open to exploring this principle and finding a way of inserting it into the legislation.