Michael Creed (Cork North West, Fine Gael)
Link to this: Individually | In context

Question 274: To ask the Minister for the Environment, Heritage and Local Government the way he intends to meet the requirements of the UNESCO World Heritage Convention to provide an effective protective regime for all archaeological sites. [43672/10]

Michael Creed (Cork North West, Fine Gael)
Link to this: Individually | In context

Question 275: To ask the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the fact that Ireland has no national standards for archaeological excavation or a system for policing such standards and his plans to rectify this situation. [43673/10]

Michael Creed (Cork North West, Fine Gael)
Link to this: Individually | In context

Question 276: To ask the Minister for the Environment, Heritage and Local Government his views on whether Ireland is complying with the requirements of the Valletta Convention and the archaeological licences issued by his Department to publish reports on archaeological excavations undertaken; if there is an accumulation and unsustainable backlog of unpublished excavation reports including post-excavation analysis and interpretation which has resulted in an inadequate return on the substantial expenditures involved. [43674/10]

Michael Creed (Cork North West, Fine Gael)
Link to this: Individually | In context

Question 277: To ask the Minister for the Environment, Heritage and Local Government if he will provide details of the arrangements by which archaeological consultancies continue to be awarded contracts when previous contracts have failed to meet the terms of condition 9 of the relevant archaeological licence requiring reports on the archaeological excavations of publication standard including a full account, suitably illustrated, of all archaeological features, finds and stratigraphy along with a discussion and specialist reports within one year of completion. [43675/10]

Michael Creed (Cork North West, Fine Gael)
Link to this: Individually | In context

Question 280: To ask the Minister for the Environment, Heritage and Local Government if he will assure this Deputy that the State itself has not failed to meet international standards of care in excavation and recording of changes to monuments in their control and care. [43678/10]

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

I propose to take Questions Nos. 274 to 277, inclusive, and 280 together.

The UNESCO World Heritage Convention requires that all properties inscribed on the World Heritage List are safeguarded through regulatory measures at national and local levels that assure their survival and protect them against development and change that might negatively impact on their outstanding universal value, or their integrity and/or authenticity. Ireland's two World Heritage properties, Brú na Bóinne and Skellig Michael, are national monuments as defined in the National Monuments Act 1930, as amended, and benefit from the protection regime provided by that code.

The Brú na Bóinne World Heritage Site Management Plan published in 2002 and the Skellig Michael World Heritage Site Management Plan 2008–18 were produced by my Department in conjunction with the Office of Public Works, following an extensive consultation process. The aim of these plans is to assist in the protection and conservation of the World Heritage Sites. My Department has commenced preliminary work on a new management plan for Brú na Bóinne. Also in co-operation with the Office of Public Works, my Department manages and funds a substantial targeted programme of conservation and maintenance of other monuments in state ownership or guardiandship. All related works are undertaken in accordance with international best practice.

More generally, the National Monuments Acts 1930 to 2004 provide the overall statutory framework for the protection of all archaeological elements of the built heritage, including national monuments. Section 26 of the 1930 Act is a key element of that regime and provides the legal framework relating to the control of excavation for archaeological purposes. The provisions of section 26 accord with article 3 of the European Convention on the Protection of the Archaeological Heritage, also known as the Valetta Convention, which Ireland ratified in 1997.

In addition to the statutory provisions governing regulation and oversight of this area, a range of guidance documentation relating to archaeological excavation has been published by my Department, including Framework and Principles for the Protection of the Archaeological Heritage which sets out overall policy on the protection of the archaeological heritage and Policy and Guidelines on Archaeological Excavation which deals specifically with excavation, including licensing issues, excavation strategies, the conduct of excavations and reporting. A detailed guidance document on report writing is also available.

While I have no general oversight role in relation to the award of contracts to archaeological consultants, I am responsible for excavation licensing under the 1930 Act. Such licences are issued subject to a standard set of conditions relating to the proper conduct of the excavation, including a requirement for the excavator to furnish reports on the results of the excavation. My Department's policy and practice is to seek to ensure that licence conditions are complied with, including conditions relating to the submission and publication of such reports. I am aware that, although there have been delays in the production of some reports, there has been a substantial improvement in the extent of arrears in recent years. My Department will continue to liaise with licence holders to ensure that outstanding reports are submitted as quickly as possible.

Although the existing provisions for regulation of archaeological activity have generally been effective, the Government has approved the General Scheme of a Monuments Bill following a major review of archaeological policy and practice overseen by an Expert Advisory Committee. The Bill will provide for a new and comprehensive licensing system which will provide the Minister with the power to require a joint application where it is clear that the applicant is acting on behalf of another person: this should help to improve levels of compliance with licence conditions.

Moreover, applications will be considered taking account of a range of statutory factors, including the previous record of the applicant in complying with the conditions of any earlier licences. A statutory basis will also be established for the assessment of the competence of a licence applicant, together with a formal appeals mechanism where applications are refused. Finally, it is intended that comprehensive provisions will be set out in the Bill in relation to the conditions that may be attached to the grant of a licence, including detailed requirements relating to reports, and offence provisions in cases of non-compliance.

Michael Creed (Cork North West, Fine Gael)
Link to this: Individually | In context

Question 278: To ask the Minister for the Environment, Heritage and Local Government with respect to the construction of the M50, if any archaeological report including a full account, suitably illustrated, of all archaeological features, finds and stratigraphy along with a discussion and specialist reports standard has been produced for this work and if not the contracts that have since been awarded to the company involved. [43676/10]

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

Information in relation to the cost of the excavations in this case is not available in my Department.

I understand that work is underway on the completion of the final archaeological report on the excavations, including the specialist analysis and conservation of the recovered artefacts, and that the report will be submitted to my Department as soon as possible.

I have no general oversight role in relation to the award of contracts to archaeological consultants.

Michael Creed (Cork North West, Fine Gael)
Link to this: Individually | In context

Question 279: To ask the Minister for the Environment, Heritage and Local Government his plans to meet the requirements of the judgment of the European Court of Justice in 2008 (C-66/06) requiring assessment for any proposed works in the countryside impacting on sensitive landscape and cultural sites below the thresholds for environmental impact assessment, given that landowners have never been notified of the existence of sensitive archaeological sites on their lands. [43677/10]

Ciarán Cuffe (Dún Laoghaire, Green Party)
Link to this: Individually | In context

My Department is preparing a comprehensive response to the European Court of Justice judgment on case C-66/06 and will be formally communicating its response to the European Commission very shortly.

There are extensive provisions already in place under the National Monuments Acts 1930 to 2004 dealing with the specific issue raised in the Question. For example, section 5 of the National Monuments (Amendment) Act 1987 requires individual notification of landowners in respect of any entries in the Register of Historic Monuments (RHM) on their lands. In addition, regulations made under section 12 of the National Monuments (Amendment) Act 1994 prescribe where maps and lists of monuments compiled under the Record of Monuments and Places (RMP) are to be exhibited and the arrangements for providing information to the public in that respect. The standard application form to seek planning permission requires applicants to state whether the application relates to development which affects or is close to a monument or place recorded under section 12 of the National Monuments (Amendment) Act 1994 and advises applicants as to the availability of the Record of Monuments and Places.

Question No. 280 answered with Question No. 274.