Dáil Éireann debate -
Thursday, 16 Dec 1954

Vol. 147 No. 12

National Monuments (Amendment) Bill, 1954—From the Seanad.

The Dáil went into Committee to consider amendments from the Seanad.

Mr. Sweetman

I move that the Committee agree with the Seanad in amendment No. 1:—

NEW SECTION.

Before Section 13 the following new section inserted:—

13. For the references in Section 23 of the Principal Act to the keeper of Irish antiquities in the National Museum there shall be substituted references to the Director of the National Museum.

At the time that the 1930 Act was passed there was no Director of the National Museum. Since that time a Director of the National Museum has been appointed and the post created. Accordingly it is considered more appropriate that it should be to him that archaeological finds would be returned or that notice of them, rather, would be given.

Question put and agreed to.

Mr. Sweetman

I move that the Committee agree with the Seanad in amendment No. 2:—

SECTION 13.

The section deleted.

This amendment is the deletion of the former section, consequent upon the amendment just agreed to.

Question put and agreed to.

Mr. Sweetman

I move that the Committee agree with the Seanad in amendment No. 3:—

NEW SECTION.

Before Section 16 the following new section inserted:—

16. Nothing in Section 26 of the Principal Act shall apply to or render unlawful digging or excavation in or under any land solely for the purpose of securing the safety of a monument or archaeological object which is in imminent danger of destruction or decay.

It was ascertained in the course of the discussion in the Seanad that it was technically illegal for even an archaeologist in certain circumstances making an investigation of an antiquity or an archaeological object to carry out work in an emergency even though that work was absolutely necessary for the purpose of protecting the monument as a result of that emergency. The effect of the amendment is to enable such a person to take adequate immediate steps to protect the monument if such an emergency arises without his breaking the law as he would previously have been doing.

Question put and agreed to.

Mr. Sweetman

I move that the Committee agree with the Seanad in amendment No. 4:—

SECTION 16.

The section deleted.

This is consequential.

Question put and agreed to.

Mr. Sweetman

I move that the Committee agree with the Seanad in amendment No. 5:—

SECTION 18.

The word "common" deleted where it occurs in lines 43 and 47.

Amendment No. 5 proposes that the word "common" be deleted because the seal of the Commissioners of Public Works is elsewhere referred to as "the seal" and not "the common seal" as was inadvertently included in the section.

Question put and agreed to.

Mr. Sweetman

I move that the Committee agree with the Seanad in amendment No. 6:—

Sub-section (3) deleted.

This amendment provides for the deletion of the sub-section providing for judicial notice of the seal of the Commissioners of Public Works. The House will remember that the National Monuments Bill and the State Property Bill both were presented contemporaneously in this House. The same provision was in both Bills, it being the intention that the provision would be left in whichever Bill was passed first and would be deleted in the second Bill because it is not necessary that the same provision be included in both Bills. The State Property Bill has been enacted and accordingly that governs the law and it is not necessary to include the section in this Bill.

Question put and agreed to.

Amendments Nos. 1 to 6, inclusive, reported and agreed to.

An Ceann Comhairle

Seanad Eireann will be notified accordingly.