Cian O'Callaghan (Dublin Bay North, Social Democrats)
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I welcome the Minister of State's recent visit to Howth and Aideen's Grave in particular. He had the privilege of seeing at first hand the beauty of the area and its biodiversity and heritage importance. Aideen's Grave is a culturally significant neolithic dolmen located in Howth. It dates to around 2,500 BC. It comprises two portal stones of approximately 2.5 m in height, a collapsed door stone and a colossal roof stone measuring 5 m by 4 m and 2 m in depth. The roof stone still rests on the upper edge of the portals above the collapsed chamber. It is the second-largest dolmen in Ireland. Only Brownshill Dolmen, County Carlow, is larger.

Since ownership changed in 2019, there have been ongoing concerns about access to Howth estate and Aideen's Grave arising from the erection of a significant amount of fencing and the denial of access to the dolmen to an estimated 14,000 people who took part in organised visits to Howth in 2023 alone. That number includes some local community groups. Last year, the Howth access group wrote to Fingal County Council and the owners of the estate to request a discussion on recognising long-established routes as official rights of way. The letter was co-signed by multiple active local community organisations. The request was not agreed to by the landowners.

It is positive that the Minister of State has visited the site, but what is he going to do on foot of that visit to ensure that public access to this important part of our heritage is protected? Will he ensure that Aideen’s Grave is designated as a national monument and will he write to Fingal County Council, as provided for under section 89(5) of the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023, and request that it use its powers under sections 206 and 207 of the Planning and Development Act 2000 to establish rights of way through the Howth estate in order to protect and vindicate the public’s right to access the dolmen for current and future generations?

It is great that heritage like this is valued by the local community and the Minister of State, but in order to protect it and vindicate the public’s right of access, we are required to act. Otherwise, we will see a diminishing of that access. We have already seen how 14,000 people on organised groups in 2023 alone who would previously have been able to access the site were unable to access it. That is regressive and requires all of us, including the Minister of State, to act. I look forward to hearing what he has to say.

Malcolm Noonan (Carlow-Kilkenny, Green Party)
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I thank the Deputy for raising this issue. I had a wonderful visit to Howth portal tomb recently. Also known as Aideen’s Grave, it dates from the Neolithic period and is a recorded monument situated in the Howth demesne townland. Within a peninsula of great historical, archaeological and amenity importance, it is an important landmark. As a recorded monument, Aideen’s Grave is afforded protection under the National Monuments Acts and should the owners wish to carry out or cause or permit the carrying out of any work at or in respect of it, they are required to give notice in writing to the Minister for Housing, Local Government and Heritage of their proposal. At least two months’ notice of proposed works is the statutory requirement in this regard unless in a case of urgent necessity, but that still needs my consent as Minister of State.

I am aware that the site in question is in private ownership and not in State care. I recently visited this interesting site with local representatives. I was grateful to meet representatives of the landowner and members of the local community and was glad to see that there was good co-operation between them on the ground. I thank Mr. Shane O'Doherty of Shane's Howth Adventures for taking us on an entertaining tour, followed by a boat trip around Ireland's Eye with The Waterboys blaring out. I also thank Ms Caroline Parker of Deer Park Golf for her hospitality on the day.

I understand that the public is welcome to visit the monument, but there have been some issues as regards organised visits and community organisations. I also understand that local community groups have been in contact with the owners of the estate to discuss the issue of public access to the monument and that the owners have offered to meet any concerned parties to try to come up with a way forward. I hope that a resolution that ensures that locals and visitors continue to enjoy access to this important monument will be found. That the site is in private ownership means that I, as Minister of State, have no role in the issue of public access to the monument.

The recently enacted Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023, once commenced, includes provisions on the creation of a public right of way to a monument. The Deputy will be familiar with this Act, having helped progress it through the Houses. This provision was included in response to the debate as the Bill progressed through the Oireachtas. Section 89(5) reads: "The Minister may, by notice in writing, request a local authority to consider creating a public right of way, under section 206 or 207 of the Act of 2000, to a registered monument situated in the authority’s functional area." Section 89(6) provides for the relevant local authority to give formal consideration to any such request, including by way of a recommendation to its elected members. I have made a representative from the National Monuments Service of my Department available to be consulted on the recorded monument and to advise further on any matters in terms of the archaeology and the obligations of owners and custodians of recorded monuments under the National Monuments Acts.

We had a fantastic, informative and entertaining visit. It is important that we find a way forward that is beneficial to the wider Howth community and to visitors to the area. This is an important part of our heritage.

Cian O'Callaghan (Dublin Bay North, Social Democrats)
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I thank the Minister of State for his response. He was able to be brought on the visit by a local tour guide. However, if one happened to be a member of the local community who wanted to do similar with that tour guide, one would not be able to. A schoolchild from one of the local schools who was previously brought there on an organised visit by that group cannot do so any more.

The Minister of State mentioned that, since the monument was in private ownership, he had no role in the issue of public access to it, but will he declare it a national monument? He is the Minister of State who can do that. This is a significant dolmen and the second largest in Ireland. The Minister of State can declare it a national monument, which means he would then have a role, as the monument would be in State ownership.

The Minister of State cited section 89(5) of the Act, as did I. Under it, he has the ability to write to the local authority on this matter. Will he use that provision? We agree that a way forward is needed, but efforts by the local community to engage with the landowners on requests to establish a right of way under section 206 of the Planning and Development Act have not been successful to date. We need definite rights of way. We need the tomb to be made a national monument in State ownership so that there will not be question marks over this in the coming years. We will instead be able to guarantee protection of our heritage and, where appropriate, public access to it. Will the Minister of State act on this? What actions will he take? While it is great that he is supportive, will he write to the local authority under the Act? Will he declare the tomb a national monument?

Malcolm Noonan (Carlow-Kilkenny, Green Party)
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As a recorded monument, Aideen's Grave is already afforded protection under the National Monuments Act. When the Historical and Archaeological Heritage and Miscellaneous Provisions Act 2023 is commenced, I will give consideration to exercising powers under section 89(5), if necessary and appropriate, in this or any other instance. It is not something I can decide in advance.

Cian O'Callaghan (Dublin Bay North, Social Democrats)
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When will it be commenced?

Malcolm Noonan (Carlow-Kilkenny, Green Party)
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I cannot give a specific timeline, but we are progressing it. I can try to revert to the Deputy with a timeline.

Under section 89, the amendment would not alter the general position. The Minister has no role in imposing any public access to privately owned monuments. While dependent on the commencement of the Act and the new register that has to be established, the section will enable the Minister to formally ask the planning authority to consider using its powers under the Planning and Development Act 2000 to create a right of way. The planning authority would then be required to give formal consideration to establishing the right of way. The provision is not in force until the commencement and, even if it were commenced now, it would not be of any use until the new register was established. There are quite a few steps to be progressed until that time. The provision in section 89 will also have to be consequentially amended by the new planning Bill. That is another stage. The section will likely take a different form even before it is commenced.

I have officials from the National Monuments Service engaged on this. I am giving a commitment to try to progress this section of the Act as quickly as possible. The Deputy will appreciate that there are a quite a number of moving parts but we will try to do that as quickly as we can. I stress that, if a local solution can be found by the owners and the local community in the interim, that would be a progressive way forward to ensuring access to the site for the wider community.