John Perry (Sligo-North Leitrim, Fine Gael)

I am delighted to be here on behalf of the Minister for Arts, Heritage and the Gaeltacht, Deputy Jimmy Deenihan, to consider the issues which Senator Healy Eames has raised.

The area of the protection of cultural property has been the subject of examination in many states. It is fair to say that most governments are conscious of the need to protect the cultural heritage which is unique to their state. After all, it is what defines and sets apart that state. Ireland is no different. The importance of our heritage and culture has long been recognised and has been represented directly at the Cabinet table for the past 20 years.

An examination of some of the recitals to the UNESCO convention will underline some of the principles in this area. For example, the convention considers that cultural property constitutes one of the basic elements of civilisation and national culture and that its true value can be appreciated only with regard to the fullest possible information regarding its origin, history and traditional setting. In addition, the convention considers that it is incumbent upon every state to protect the cultural property in its territory against the dangers of theft, clandestine excavation and illicit export. These are all admirable sentiments and I am sure they would be supported by Members of the House.

The State is alive to its obligations in this area and already has in place a comprehensive infrastructure to protect the cultural heritage of the State. A number of our national cultural institutions, including the National Museum of Ireland, the National Archives of Ireland, the National Library of Ireland and the National Gallery of Ireland, have put in place systems to protect the particular aspects of cultural heritage within their remit.

Substantial off-site storage facilities have been secured for the National Museum in recent years to address concerns about the adequacy of its storage facilities. Significant fit out works were carried out by both the owner of the premises and the National Museum to ensure that optimum conditions for the storage of the required elements of our national collections prevail and the facility is now operational. The National Library is engaged in a consultancy process to identify the optimum storage solution for the library's collections. Similar work is ongoing in the National Archives building to maximise the storage space available.

The Department of Arts, Heritage and the Gaeltacht is entrusted to protect and preserve objects relating to Ireland's archaeological and cultural heritage. Licences to export cultural goods and objects from Ireland to destinations within and outside the EU and licences to alter archaeological objects are issued by the Department and or the relevant national cultural institution having regard to the particular object, document or painting. It is essential for the Department to be aware of the export of such items and, if necessary, to employ measures to assist in the retention in the State of objects of particular cultural value. The export provisions are considered essential to ensure the protection of Ireland's cultural heritage and play a critical role in mitigating the potential loss of objects of significant cultural value to the State.

In essence, the convention we are discussing sets down a wide definition of cultural property including property of artistic interest, property relating to history, including scientific, technological, military and social history, the lives of national leaders, thinkers, scientists and artists, and events of national importance. It then sets out the obligations and the structure that states should put in place to prevent the illegal import and transfer of ownership of cultural property. The State has not yet ratified the convention. However, a new monuments Bill is being prepared by the Department of Arts, Heritage and the Gaeltacht. The Bill proposes to put in place the necessary provisions to ratify the UNESCO convention. The Senator will be pleased to hear the monuments Bill is with the Parliamentary Counsel for drafting, with publication expected in early 2013.

The area of the return of cultural goods has already been the subject of action at EU level. Council Directive 93/7/EEC of 15 March 1993, as amended, deals with the return of cultural objects unlawfully removed from the territory of a member state and located in the territory of another member state. This was implemented in Ireland by way of statutory instruments during the 1990s. However, the Commission has acknowledged there is rising concern about increasing illegal trade in high cultural properties such as paintings, sculptures, religious property and archaeological pieces. In recognition of this concern, the Commission launched a public consultation, which is now closed, on ways to improve the safe-keeping of cultural goods and the return between member states of national treasures unlawfully removed from their territory. The Department of Arts, Heritage and the Gaeltacht will monitor and assess developments in this regard. I hope this clarifies the position for the Senator.