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

They are not the same thing, with the greatest of respect. The provisions the Minister of State mentioned create an international legal framework whereby a government may do that if it considers it appropriate. What this amendment would do, in providing that "the Minister shall actively endeavour to secure repatriation of such heritage", is place an obligation. I am open to a suggested better wording for this but there is a big difference between governments having signed up to international agreements and conventions that allow them to do something, and domestic legislation that places an obligation on the Minister in question to actively pursue something. I suspect that even the Minister of State accepts there is a very significant difference between the two. If it is not something the Minister of State can consider, I would prefer him to tell me he cannot consider it and we will press the amendment. Is there any set of circumstances where the Minister of State thinks there could be such an explicit provision, placing an obligation on the Minister to actively pursue such repatriation, in this Bill? I refer to a provision above and beyond what is permitted by the two international instruments he mentioned.

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