Written answers

Tuesday, 27 November 2018

Department of Culture, Heritage and the Gaeltacht

Archaeological Sites

Photo of Paul MurphyPaul Murphy (Dublin South West, Solidarity)
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637. To ask the Minister for Culture, Heritage and the Gaeltacht her reasoning for the introduction of a scheme similar to the portable antiquities scheme which operates in the United Kingdom to facilitate constructive metal detecting; and if she will make a statement on the matter. [49124/18]

Photo of Josepha MadiganJosepha Madigan (Dublin Rathdown, Fine Gael)
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I am advised that the Portable Antiquities Scheme responds to a situation in the United Kingdom whereby, unlike in Ireland, finds of antiquities, unless held to be treasure trove by a Coroner, become the property of the landowner or the finder, depending on the circumstances of their discovery.  I understand that there is no obligation to report such finds and that the aim of the scheme is to encourage finders to report any discoveries and to at least have them recorded, if not deposited, in a museum.

An entirely different legal framework exists in this jurisdiction, as affirmed by the Supreme Court decision in Webb v. Ireland and provided for in the National Monuments (Amendment) Act 1994, under which all finds of archaeological objects with no known owner are automatically State property and their discovery must, by law, be reported to the National Museum of Ireland. No ownership entitlement is vested in either finder or landowner. The 1994 Act provides for a discretionary payment of a reward to finders.

In the circumstances, I see no need and have no plans to introduce any scheme along the lines envisaged by the Deputy.

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