Mr. Rónán Swan:

I thank the Chairman and members of the committee for the invitation to attend.

My name is Rónán Swan and I am head of archaeology and heritage with Transport Infrastructure Ireland. Prior to that I was head of archaeology with the National Roads Authority from 2007 to 2015. In total, I have 27 years postgraduate experience as an archaeologist.

I understand that the committee is undertaking pre-legislative scrutiny of the revised general scheme of the monuments and archaeological heritage Bill. In my submission, I will highlight TII’s purpose and outline our approach to managing archaeology and heritage. I will then briefly refer to our consultations with the National Monuments Service of the Department of Housing, Local Government and Heritage regarding this Bill. Finally, I will highlight some of the important aspects of the Bill from our perspective.

As the committee will be aware, TII’s purpose is to provide sustainable transport infrastructure and services delivering a better quality of life, supporting economic growth and respecting the environment. TII delivers new national roads, light railway and metro, as well as active travel and greenway projects. Furthermore, we operate these networks as appropriate.

Regarding archaeology and heritage, our primary objective is to minimise the archaeological and heritage impacts associated with our projects and programmes. TII ensures this through legislative and policy compliance, and proactive risk management which, in turn, helps to build public trust. TII is a key stakeholder within Irish archaeology in terms of commissioning works, promoting best practice, and developing guidelines and standards. TII frequently engages with both statutory and non-statutory stakeholders concerned with heritage matters.

To ensure legislative compliance, we work in close partnership with the National Monuments Service and operate under an agreed code of practice for archaeology.

The most recent code was agreed with the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs in 2017. The purpose of the code is to provide a single framework within existing legislation and policy to enable TII to progress with its programme of work in accordance with the Government's transport plans, for example, the National Development Plan 2021- 2030. TII carries out appropriate archaeological assessment and mitigation having regard to an agreed set of principles. The code requires regular communication between the National Monuments Service and TII with respect to the general approach taken to archaeology, as well as reporting on specific projects. The code is applicable to all TII projects where TII is the approving authority, sponsoring agency, or both. In managing risk, TII considers archaeology from the project's inception to the end of construction. Where practical, TII undertakes advance archaeological works and, when this is not feasible, a bespoke archaeological strategy is developed. This approach is reflected in TII's project management guidelines. Furthermore, we use a suite of contract documents specifically designed for archaeology and heritage services in accordance with the Government's capital works management framework.

In building public trust, TII ensures that the results of archaeological and heritage works on TII's many projects are disseminated widely. For example, making excavation and other heritage reports available through the TII digital heritage collections, which are publicly accessible on the Digital Repository of Ireland; engaging with the public at seminars and presentations; producing web-based story maps and audiobooks; and publishing books on the archaeological and heritage aspects of TII projects - accessible through the TII website. TII is also actively involved in several research initiatives with archaeological partners both here and abroad.

In the context of the code of practice, TII has met the National Monuments Service on a number of occasions to discuss proposed legislative changes. In October 2021, the Department of Transport invited TII to provide comments for the draft memorandum for observation in relation to this Bill. Following this, TII met with the National Monuments Service to review our comments. From TII's perspective, it appears from the revised general scheme that the Bill aligns well with current best practice in the assessment and management of archaeological and historic heritage in the context of delivering transport infrastructure projects and programmes.

TII believes this new Bill is timely, and we consider the following heads to be of particular relevance: head 3, which articulates broad policy principles at the outset; heads 13 and 15, which provide the Minister with the ability to prescribe exemptions in the case of non-damaging works; head 59 on bringing clarity as to which activities are licensable; head 60, which is about introducing an integrated licensing system to replace the multiple approval systems for the conduct of archaeological works, that is, section 26 licences, ministerial consents and ministerial directions for approved road schemes; head 68, which emphasises the importance of research and the promotion of knowledge; and head 70, which provides a statutory basis for the code of practice for archaeology and placing a general obligation on public authorities to have regard to historic heritage in the exercise of their functions.

In addition, TII notes the requirement to report "finds of prescribed monuments" in head 8, and considers that a structured system of reporting should be established, which does not become an administrative burden. TII is of the opinion that there may be a need for secondary legislation to allow for the full implementation of Part 7 licences, which relates to heads 60 to 65.

Finally, regarding inventories, head 66, it is important that all relevant data sets are made available in accordance with open data policies. As the National Monuments Service moves towards completion of a draft Bill, it has agreed to explore with TII how the Bill is anticipated to work in practice. I will endeavour to answer any questions that the committee may have. If I cannot provide a comprehensive answer today, I will provide a response as soon as practicable. That concludes my opening statement. I thank members for their attention.