Michael Mullins (Fine Gael)
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I welcome the Minister of State, Deputy Perry, to the House.

Fidelma Healy Eames (Fine Gael)
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I, too, welcome the Minister of State to the House and thank him for taking this matter which calls on the Minister for Arts, Heritage and the Gaeltacht to ratify the UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property 1970. I believe Ireland should ratify this convention which deals with the illicit import, export and transfer of ownership of cultural property. The Minister of State will recall that a number of relics have been stolen recently. I will list the most recent examples, which will tell the House how well-known the situation is. If Ireland ratifies this convention it could prevent it from happening. An artefact containing the heart of St. Laurence O'Toole was stolen from Christchurch Cathedral in the centre of Dublin in March. Last October the relic of the true cross, said to contain fragments of the cross on which Jesus was crucified, was stolen from Holycross Abbey in County Tipperary. Prior to this another relic, known as the precious shrine of St. Manchan, was found by the Garda. If Ireland ratified the convention on cultural property it would provide a legal safeguard to prevent this type of illicit trading, exporting and hoarding and using Ireland as a base to hide artefacts stolen from other countries.

This motion is aimed at protecting our cultural heritage from the real threat of the illicit trade in artefacts. I call on the Minister for Arts, Heritage and the Gaeltacht, Deputy Deenihan, to bring a memo to Government fairly promptly and proceed with Ireland's ratification of the convention which would help ensure cultural objects stolen from Irish heritage sites and other locations can be returned to their rightful owners. It would mean that if relics or artefacts belonging to another country which had already ratified the convention were found here we would return them to that other country. Equally, if artefacts, relics or cultural property which belong to us were in another country they would be returned to us. The adoption of the convention would discourage illegal traders from purchasing cultural objects illegally acquired and exported from Ireland and would facilitate the return of cultural objects illegally exported from Ireland which are located in nations which have ratified the convention.

In the past year three important relics were stolen from religious sites in this country. Ratification of the convention would help provide a legal safeguard for these items, which are an important legacy of Ireland's rich cultural history. Ratification of the convention would also mitigate against Ireland becoming a location of choice for the storage and hoarding of cultural objects illegally imported because of its status as a non-signatory of the convention. This is not the reputation we want to have. Ireland is one of only seven EU states which are not signatories to the convention. The other countries are Austria, the Czech Republic, Estonia, Latvia, Luxembourg and Malta.

The situation regarding the Elgin Marbles, the priceless sculptures from the Acropolis in Athens which are on display in the British Museum in London, is probably the best known example and causes ongoing rancour between Britain and Greece. Greece is understandably outraged at the ongoing presence of some of its most important cultural heritage in a foreign country. It is high time Ireland addressed this situation and signed up to the UNESCO convention on cultural property which would protect our cultural heritage. I am keen to hear the response of the Minister of State on behalf of the Minister for Arts, Heritage and the Gaeltacht. I am also keen to know when Ireland will ratify the treaty and when the Minister is likely to bring a memo to Government to start the process.

John Perry (Sligo-North Leitrim, Fine Gael)
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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.

Fidelma Healy Eames (Fine Gael)
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I am delighted this is on the agenda of the Minister for Arts, Heritage and the Gaeltacht and there is a plan to ratify the UNESCO convention in early 2013. The Minister of State mentioned that the Commission had launched a public consultation on this convention. Was notification received in Ireland and is the Minister of State aware of any Irish responses to it?

John Perry (Sligo-North Leitrim, Fine Gael)
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We are extremely fortunate to have the Minister, Deputy Deenihan, in charge of this important portfolio dealing with the arts and cultural matters. He has great empathy with the sector and since his appointment has been extraordinarily successful in dealing decisively with this issue. While the public consultation has been closed, I am certain it was wide-ranging. However, to answer the Senator's question directly, I have no doubt but that the Minister will clarify the position. Nevertheless, the UNESCO convention will be ratified and his announcement that a new Bill is being introduced is good news. I note it is at the drafting stage at present. I believe the concerns raised by the Senator will be addressed clearly in legislation now being drafted.

Fidelma Healy Eames (Fine Gael)
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I thank the Minister of State.

On a point of order, I wish to clarify that Committee Stage of the Criminal Justice (Search Warrants) Bill 2012 should have been ordered for Thursday, rather than for next Tuesday.

Michael Mullins (Fine Gael)
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Is that agreed? Agreed. I thank the Minister of State, Deputy Perry, for his responses to Senator Healy Eames.