Matt Carthy (Cavan-Monaghan, Sinn Fein)
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249. To ask the Minister for Housing, Planning, and Local Government his plans to review parts of metal detecting restrictions placed on private lands when full permission is given by the landowner, public and State-owned lands, urban green belt areas and public beaches proposed under the monuments and archaeological heritage Bill 2021; if he will consult with an organisation (details supplied); and if he will make a statement on the matter. [36100/22]

Malcolm Noonan (Carlow-Kilkenny, Green Party)
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The use of detection devices under the proposed Monuments and Archaeological Heritage Bill will largely mirror the system currently in place under the National Monument Acts whereby the use of a detection device to search for or collect archaeological objects is permitted under and in accordance with a licence.

The existing provisions are essential for the continued protection of our archaeological heritage. In place of an outright ban or prohibition on metal detecting to search for archaeological objects, such activities are instead subject to a regulatory regime. That regulatory regime was introduced under the National Monuments (Amendment) Act 1987 to address the major damage to archaeological sites and monuments, and substantial loss of important archaeological objects, which had occurred as a result of uncontrolled metal detecting in the 1970's and 1980's. The removal of the existing regulatory structure would be considered a retrograde step that could place our national archaeological heritage in jeopardy.

In addition, under Article 3 of the 1992 European Convention on the Protection of the Archaeological Heritage (which was ratified by Ireland in 1997) parties to the Convention are required to “subject to specific prior authorisation, whenever foreseen by the domestic law of the State, the use of metal detectors and any other detection equipment or process for archaeological investigation”.

The proposed Monuments and Archaeological Heritage Bill will continue the approach of regulating the use of detection devices for archaeological purposes, in particular searching for archaeological objects. I am satisfied that this represents a necessary, reasonable and proportionate approach to an activity which, unfortunately, could result in the damage to or loss of our national archaeological heritage.

It should be noted that my officials in the National Monuments Service have met with representatives of the Irish Metal Detecting Society (IMDS) on several occasions, and (along with staff of the National Museum of Ireland) have had several detailed discussions with IMDS in 2014 and again in 2019. In these engagements, my officials have indicated that they would endeavour, if requested by IMDS, to facilitate partnership arrangements between interested metal detectorists and professional archaeologists, under which metal detectorists could be involved in appropriately regulated research work under the necessary professional supervision. The National Monuments Service of my Department remains available to engage with IMDS to discuss such proposals in further detail.