asked the Taoiseach if he is aware that, with a single exception, Ireland is the only EEC country with no effective control over the export of works of art; and if he will now amend the Documents and Pictures Act, 1945, and expedite the Hamilton Committee report in order to halt the present alarming depletion of our national artistic heritage.
Ceisteanna—Questions. Oral Answers. - Works of Art Exports
1.
I am aware that our present controls on the export of works of art from Ireland are quite inadequate and because of my concern about this, earlier this year I appointed a committee under the chairmanship of Mr. Justice Liam Hamilton to consider this whole area and to make recommendations to me. I expect to have the committee's report before the end of the current Dáil session.
Would the Minister of State accept that while we are awaiting this report we are losing an alarming number of our national artistic heritages through their export? Is the Minister concerned that that is still going on and that it is growing to an alarming degree?
There is no doubt that there has been an increase in regard to the depletion of heritage objects we are losing in this way but because of the inadequacies of the existing legislation this is ever difficult to quantify. There appears to have been an increase, perhaps a substantial increase in some areas. This is of great concern and that is why, when the Hamilton Committee were initially set up, I asked that they report as soon as possible.
Does the Minister intend to legislate arising from that report? The Minister will agree that, on the one hand, it does not make sense to encourage the arts and then lose them through the back door.
Without wishing to anticipate the findings of the Hamilton Committee it is obvious that some type of legislation will be necessary and I anticipate that some of the findings of the Hamilton Committee will suggest legislation. There is a body of opinion that one cannot be too restrictive in this area in legislation and there are also constitutional difficulties. All of these are being considered by the Hamilton Committee and I hope to have their findings shortly.
Is the Minister aware that within the next three months some very valuable paintings are likely to be exported? Are there any steps the Minister can practically take at the moment to ensure that these valuable works of art are retained here? They are a part of our heritage and should not be exported under any circumstances.
I am unaware of the paintings or works of art to which the Deputy has referred and I would be pleased to get information on them. Existing legislation is totally inadequate in relation to restraining the export of works of art. As far as compulsion is concerned, nothing adequate can be done. The legislation really deals with rights to take copies of documents leaving the country. Our legislation is totally inadequate and that is why we are looking at this area. It is a difficult and complex one.
Is the Minister aware that this is not a very simple, straightforward matter and that in fact it is quite complex? It is important that we be aware of every aspect of the matter. Very often when a Legislature interfere in situations of this kind they do more harm than good. I sound that note of warning. I suggest that when the time comes we might have a total, objective, impartial, non-partisan discussion here on the report, tease it out and satisfy ourselves that we are proceeding in the right direction.
The Minister is aware that in this regard everybody is inclined to think of works of art going out of the country. There is also the very important question of works of art coming into the country. On that note let me ask the Minister two things. First, is he aware of the very considerable difficulties being experienced by artists bringing works of art into this country temporarily for purposes of exhibition? Will he look into that matter and see if anything can be done to facilitate the movement of works of art for the purpose of display or exhibition? Secondly, will he advert also to that other very important part of our national heritage, namely the archaeological side?
We are getting into debate——
Of course we are. That is the purpose of parliamentary questions. Is the Minister aware of some very important documents which have been published and research that is being done on disappearing monuments of very great value and historical importance in the archaeological area?
As I have said, this is a very complex matter. I am aware of the contrasting opinions about this. Indeed, there are great dangers in becoming too restrictive because in some countries where this has happened a black market has been operated and the issue gone underground, rather than the situation improving. Then there is the question of free movement which we would welcome into this country. There is the point of view that offering incentives as well as restrictions might be a consideration. As far as temporary importation for exhibitions and other purposes as mentioned by the Leader of the Opposition is concerned, it is possible that that also will be referred to in the Hamilton Committee's report. I have it under consideration. As far as the archaeological area is concerned I might be encroaching to some extent on the area of my colleague, the Minister of State at the Department of Finance, at the OPW. However, that is a matter of concern to the Government and we mean to take all possible steps in that direction and something is being done in that area too.
Can the Minister of State say to those of us who have very strong views on this whether Mr. Justice Hamilton would be prepared to meet us to discuss the matter with him? It is very relevant.
Certainly I would be. The point was made by the Leader of the Opposition that this should not be in any way a party matter and I agree with him. I would be delighted to have discussions so that we can get the best possible result on the ground. That is the idea of the committee and that is my intention.