Alice-Mary Higgins (Independent) | Oireachtas source

I was very happy to co-sign the amendment and I am very happy to second it. The amendment is very important. I have tabled a number of amendments that relate to specific aspects of the Valletta Convention and how it should be applied to the different parts and functions including those of the Minister of State under the Bill. I am placing it alongside some of the other conventions such as that on intangible heritage, which we will have an opportunity to discuss. As a foundation stone, this initial amendment from Senator Boyhan, me and others is a chance to assert and make clear and unambiguous Ireland’s vision for its archaeological and historic heritage fits with and brings forward the Valletta Convention. This is not simply a convention we have signed. It was signed in 1992 and ratified in 1997. It is a very clear document that we have signed up to. It is not something loose or an amorphous commitment that was made at a meeting one time. It is something to which Ireland is a signatory and has ratified.

The amendment does not duplicate the process of signing and ratification but it is to ensure that there are mechanisms and powers in place for the Minister to ensure that he or she can give effect to what it means. There is the question of definitions. I understand that it was said it would be too burdensome to start transposing and putting multiple definitions into the text of the Bill. However, it is important that there are not definitions in the Bill that are interpreted in a way that ends up being contrary to the vision of the Valletta Convention or only goes half way to getting there. The amendment would make it very clear that the definitions, principles and requirements in the Valletta Convention will have precedence and that they are understood to be the frame within which this legislation will operate.

Second, it is to ensure that the Minister and the Department have the definitions and they are clear on the definitions, principles and requirements at the moment of implementation and also during the course of implementation. As Senator Boyhan said, Ministers change. Even departmental officials sometimes change. It is important that there is an ongoing, constant check to ensure there is compliance and consistency in terms of the vision. And the Valletta Convention is really important. I was going to quote but it is the same about the source of collective memory. These conventions were hard fought and teased out. If they are a discussion of our collective memory they are also a product of our collective learning in relation to how we engage and properly support historic and archaeological heritage across Europe. I really cannot see why Ireland would not seek to benefit from that collective wisdom fully.

Third, it provides that the Minister would be empowered to establish regulations to ensure that in an unforeseen circumstance in which something in the Bill has the effect of contradicting the Valletta Convention that the Minister could take action on that through regulation. This is to protect against unforeseen consequences. The Bill contains some significant provisions on dedesignation of historic sites. There are provisions in respect of certain activities taking place within the boundaries of historic sites. It is really important that if such provisions in the Bill allow for a potential negative impact on our historic and archaeological sites and there is an unforeseen consequence, then there is space in the Bill to take remedial action on that in line with the Valletta Convention without our having to go through the long process of further primary legislation to address such an issue.

There is something which matches some of the amendments in my name that we will discuss later. They relate to the Minister’s specific functions under the Bill and how his or her functions need to be consistent with the Valletta Convention, the convention on intangible heritage, the Aarhus Convention, the European Landscape Convention and others. I join Senator Boyhan in acknowledging the significant interest that has come from experts in this field. These are experts who have worked at European level and know the European context as well their counterparts in Ireland. In the Public Gallery, among others, we have Dr. Amy Strecker and Ms Sinead Mercier from UCD, who engaged with the Joint Committee on Housing, Local Government and Heritage during pre-legislative scrutiny of the Bill. The direction was very clear and the committee was very clear in its pre-legislative scrutiny on the importance of the Valletta Convention. I will return to some of the other excellent recommendations that the committee made later.

I urge the Minister of State to accept the amendment. It is constructive and would set a really good tone and place confidence in the intentions of the vision in the Bill were he able to accept the amendment.