Malcolm Noonan (Carlow-Kilkenny, Green Party)
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Under section 2 of the National Monuments (Amendment) Act 1987, it is a criminal offence to either be in possession of a detection device on any of the monuments legally protected under the National Monuments Acts or to use such a device anywhere else for the purpose of searching for archaeological objects, other than with a consent issued by me as Minister responsible for heritage.

This provision is not only carried forward but will be strengthened under the recently enacted Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 (when commenced). In particular, section 148 of that Act extends the restriction on possession of a detection device to the immediate surroundings of a monument entered in the Register of Monuments under that Act. Further to this, section 180 provides for inferences to be drawn from the failure of an accused person to account for possession of a detection device in certain circumstances.

Both the National Monuments Service of my Department and the National Museum of Ireland engage actively with An Garda Síochána in relation to reports of contravention of the above provisions. Where consent is granted for the appropriate use of detection devices by professional archaeologists or other qualified and suitable persons, conditions are attached to such consents to ensure that appropriate methodologies are adhered to and reports submitted to the National Monuments Service on the results of the work.

I believe that the above legislative framework and practice ensures that Ireland is fully compliant with the relevant provisions of the Valletta Convention (i.e. the 1992 Council of Europe Convention on the Protection of the Archaeological Heritage, in particular Article 3 thereof).

My Department has also issued a guidance note setting out in clear language, the legal position regarding use of detection devices to search for archaeological heritage, and explaining the need to regulate use of detection devices for archaeological purposes.