Pat Breen (Clare, Fine Gael)
Link to this: Individually | In context

Question 933: To ask the Minister for the Environment, Heritage and Local Government the regulations for the development of graveyards; if voluntary community groups who upkeep and develop graveyards must seek prior approval from the monuments section of his Department for extensions to graveyards; if his attention has been drawn to the cost burden that will have to be borne by those community groups; and if he will make a statement on the matter. [23296/08]

John Gormley (Dublin South East, Green Party)
Link to this: Individually | In context

Before carrying out any works in an historic graveyard, or to any structures within it, voluntary community groups should check the ownership of the graveyard. Many historic graveyards are owned by either the relevant local authority or the Church of Ireland. In some cases, all or part of the graveyard may consist of a national monument in my ownership or guardianship.

If the graveyard, or a structure within it, is a national monument in my ownership or guardianship, or in the ownership or guardianship of a local authority, or if a preservation order has been placed on it, then my consent, as Minister, is required under the National Monuments Acts 1930 to 2004 for any works that are to be carried out at, or in proximity to, such a national monument. I am required under the Acts to consult with the Director of the National Museum of Ireland on any application for such consent. Furthermore, Section 12(3) of the National Monuments (Amendment) Act 1994 provides for the protection of monuments and places listed on the statutory Record of Monuments and Places. Two months notification in writing must be given to the Minister for the Environment, Heritage and Local Government of any proposed works at or in relation to such monuments or places. The statutory Record of Monuments and Places may be consulted at any local authority office.

Generally, my advice is that, for the avoidance of doubt, voluntary community groups should contact the National Monuments Service of my Department prior to carrying out any works in an historic graveyard. It is best not to start works without professional advice and an agreed workplan.

In relation to graveyard extensions, while I understand that there is often a very strong attachment to ancient church sites, my Department must examine each application for consent to any such extension on a case-by-case basis. Difficulties can arise with extensions to historic graveyards where there is (a) a national monument in the graveyard, (b) evidence of an early ecclesiastical enclosure around the graveyard or (c) the likelihood of archaeological deposits around the graveyard. This would be the case with many graveyards that are of medieval origin. In such cases I would encourage the relevant local authority and the community to consider the option of opening new graveyards at an alternative location away from the ancient site. I am aware that this option has been successfully followed in many areas.

If, however, it is decided to pursue the option of extending the graveyard and if there are grounds for believing there may be archaeological deposits around the existing graveyard then it would be necessary in all cases to carry out an archaeological assessment. This usually involves exploratory archaeological excavation, the cost of which must be borne by those proposing to extend the graveyard.