Darragh O'Brien (Dublin Fingal, Fianna Fail)
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Fianna Fáil supports the package of this Bill and we welcome it. The purpose of the Protection of Cultural Property in the Event of Armed Conflict (Hague Convention) Bill 2016 is to enable the State to ratify the Convention for the Protection of Cultural Property in the Event of Armed Conflict.

It is anticipated that this Bill will not result in any additional costs to the Exchequer. The convention, which has been ratified so far by only 69 countries, came about as a result of the massive destruction of cultural heritage during the Second Word War and is the first international treaty with a worldwide vocation focusing exclusively on the protection of cultural heritage in the event of armed conflict. If the Bill is passed, it will fulfil the State's obligation under the 1954 Hague Convention and the 1999 protocol to suppress, prosecute and penalise damage to cultural property during armed conflict.

As the Minister outlined during previous debate, the Bill provides for offences to protect cultural property in the event of armed conflict including the exporting, removing, attacking, stealing, pillaging, appropriating, vandalising or extensively destroying cultural property. Under the Bill, there are penalties for committing offences with harsher penalties for extensively destroying or appropriating cultural property or for attacking or using in support of military action any cultural property that is under enhanced protection. The Bill provides for criminal responsibility for commanders or superiors for offences against cultural property committed by persons under their command authority or control.

Cultural property is an important part of a State and a citizen's identity, history and culture. It has, however, been a primary target of war and used as a tactic that destroys the fabric of society. Its destruction causes harm on a physical, social and emotional level. The targeting, destruction and plundering of cultural property during armed conflict - either incidental to the exigencies of war or as a deliberate act in and of itself - needs to be legislated for and while Ireland is a militarily neutral country, we are not neutral morally. It is important that the necessary legislation is in place to prevent the destruction of cultural property.

It is not only of value to Ireland, but to the international community as a whole. Our ratification of this convention underscores our commitment to protecting cultural property worldwide and our abhorrence of its destruction. The recent wars in Iraq, Syria, Yemen and indeed Afghanistan, and their appalling destruction demonstrates the need for such legislation and also highlights that current legislation may not actually be adequate given the recent destruction of properties in those areas. We have seen it acutely in Palmyra and other parts of the Middle East. Unfortunately, to date, there has been little enforcement of this convention and, at times, a complete lack of regard for international law. Nevertheless, international law is necessary as without it, the brutality and savagery of war is boundless. While this Bill is welcome, we must work collectively with the EU and at an international level to ensure that the legislation in respect of cultural property is suitably robust and can be actively and authoritatively enforced. That is why Fianna Fáil supports the Bill.

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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The purpose of the Bill is to make the provision in Irish law to enable the State to ratify the 1954 Hague Convention on the protection of cultural property in the event of an armed conflict, and the 1999 protocol to the convention. We support and welcome this Bill as others have done. Specifically, the Bill will prohibit the destruction, damage and theft of cultural property in specified circumstances during the course of an armed conflict, in accordance with the 1999 protocol, and will provide for the appropriate penalties upon conviction and related matters.

The 1954 Hague Convention requires the contracting parties to safeguard and respect cultural property in the event of armed conflict. The 1999 protocol provides for a higher level of enhanced protection for cultural property which is of the greatest importance to humanity and has exceptional cultural and historical value. The 1999 protocol requires the contracting parties to provide penalties in domestic law, which is what we are doing through this Bill, for persons who intentionally commit serious violation of the convention and the protocol. The convention requires contracting parties further to safeguard and respect cultural property. Parties to the convention must, in the time of peace, take such measures as are considered appropriate to safeguard cultural properties within their territories. I understand that the Bill also confers legal protection on the blue shield emblem and empowers the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs to authorise its use in this State, which I welcome.

We welcome that property of important cultural heritage will be protected at times of war. While the horror of war is first and foremost about human suffering, we know how destructive it can be in terms of cultural property, most of which can never be replaced. We know from our own history how wars have damaged our cultural heritage, sometimes with the aim of destroying our identity. That has happened throughout the world. In recent times in particular, some of those parties at war have specifically targeted the cultural heritage of an area, country or people to try to obliterate their identity.

I am aware that 126 states are party to the 1954 Hague Convention, and that just four states, namely, Andorra, Britain, Ireland and the Philippines, have signed the treaty but have yet to ratify it. I welcome the fact that we are giving effect to that ratification. I acknowledge the work of my colleague, former Minister Carál Ní Chuilín, MLA, in this regard. When she served as Minister of Culture, Arts and Leisure in the Six Counties, she supported the passage of similar legislation through the Assembly in Stormont.

As regards the technical aspects of the Bill, I broadly welcome the definition of cultural property set out in section 1. While I accept that the Bill involves giving effect to the terms of the Hague convention, I must mention the appalling treatment of our cultural heritage at different stages of our history and, in some regards, by the current Government, specifically in respect of the likes of Moore Street, although there was an announcement today of some possible progress on that issue.