Malcolm Noonan (Carlow-Kilkenny, Green Party)
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While the law as it stands does not provide for a general definition of the role of archaeologist, the work of archaeologists is subject to statutory regulation in a number of ways. Archaeological excavation cannot be undertaken lawfully except where permitted by a relevant licence or consent issued under the National Monuments Act 1930, as amended. Since the early 1990s it has been the practice of the National Monuments Service of my Department to ask prospective applicants for archaeological excavation licences (other than those coming in certain circumstances from other EU member states where “archaeologist” is deemed a “regulated profession” for purposes of EU law) to attend an interview at which their competence in archaeological excavation is assessed. While the law as it stands does not allow applications from persons who have not attended this interview to be deemed invalid, the competence of applicants as demonstrated at interview is central to determinations as to whether or not to issue licences for proposed archaeological excavations, and this is specifically referenced in the published Government policy on archaeological excavation (Policy and Guidelines on Archaeological Excavation, as issued in 1999 and still current). Indeed, the existence of these procedures was sufficient for archaeologist to be considered by the European Commission as a “regulated profession” in Ireland for the purposes of European Union law on the recognition of professional qualifications, as is now reflected in Irish law in the European Union (Recognition of Professional Qualifications) Regulations 2017 ( S.I. No. 8 of 2017 ).

Although certain aspects of the work of archaeologists such as desk based assessment or field inspection in advance of development are not subject to regulation, clear definitions of the scope and function of these activities have been set out in the Government policy on archaeological heritage and development (Framework and Principles for the Protection of the Archaeological Heritage, as issued in 1999 and still current). As a Government and Ministerial policy, planning authorities are required to have regard to it in the exercise of their functions in the planning system, and this means there is clarity as to what the tasks in question involve and as to the need for professional archaeological expertise.

When commenced, section 152 of the recently enacted Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 will greatly strengthen the powers of the Minister to require licence applicants (or persons working under their direction) to have their competence assessed prior to a licence being issued for an activity regulated under the Act. Moreover, a number of activities carried out on a regular basis as part of professional archaeological work, such as archaeological monitoring, which are not clearly subject to regulation under the existing legislation will be brought clearly within the scope of regulation under Part 6 of the Act (when commenced).

The Act of 2023 will also, when commenced, provide a specific statutory basis for the issuance of a range of guidance and for the Minister to work with professional and other relevant bodies to promote best practice. As matters stand, the National Monuments Service is already actively engaged in working with the Institute of Archaeologists of Ireland to support the growth of that body as a professional body and to enable it to develop appropriate standards of professional practice.

Having regard to the above, I do not consider it necessary or useful to pursue at this time the putting in place of a general legal definition of the role of archaeologist, and I believe that the correct focus should now be on early implementation of the Act of 2023, supported by a range of appropriate guidance and standards issued by my Department and other appropriate bodies.