Skip to main content
Normal View

Dáil Éireann debate -
Wednesday, 6 May 1987

Vol. 372 No. 5

National Monuments (Amendment) Bill, 1986 [ Seanad ]: Second Stage (Resumed).

Question again proposed: "That the Bill be now read a Second Time."

The Bill is a start in our effort to protect national monuments, archaeological objects or sunken treasure around our coasts but what is needed is a more embracing piece of legislation that will encompass the many different aspects of our national heritage. Such legislation should not be confined to our national monuments. However, I welcome the legislation in the spirit in which it has been presented by the Minister. I suggest that it is worth considering a broader view such as the establishment of trusts to allocate resources to protect historical buildings and monuments. That would go a long way to help protect some of the finest of our historical buildings, particularly those in the capital city, from falling into decay. One could cite many examples of historical buildings such as the George Bernard Shaw house in Synge Street, the Gogarty home and the Sean O'Casey home. Many of those buildings are falling into rack and ruin primarily because they are outside the ambit of preserved buildings. The Minister should consider widening the scope of the Bill to embrace those buildings which are a part of our national heritage.

Legislation like this should regularise the activities of our city and provincial museums and safeguard treasures in our national and provincial galleries and in our libraries. The Minister should give some attention to our historic buildings. Such a move would be well received by those who are endeavouring to preserve those buildings on a voluntary basis. I advocated the establishment of a community watch over national monuments. I consider this an important way to safeguard national monuments in isolated areas. Those living close to those monuments should be encouraged to watch over them.

I note with satisfaction that some counties have compiled inventories of treasures in their locality. That is vitally important particularly if we are to prevent people taking away some of our treasures such as grave tablets or hacking artefacts from monastery walls. We must prevent that type of pillage and for that reason it is important that local communities get involved in protecting our monuments in co-operation with the gardaí and, if necessary, the Army. The Garda should have an inventory of artefacts and monuments. They should have photographs of all objects of national importance because a photograph is the best way to identify treasure.

A community watch system would not cost the State any money because many people are willing to engage in it. It could be similar to the neighbourhood watch scheme which has proved such a success. It is important to realise that we are not talking about huge investments or wondering where the money would come from. People in the community would be proud to come together and identify what they have in their streets or the environs of their community and to put these items under closer security in GAA establishments, the Macra organisation or whatever.

I want to give an example of what can happen due to vandalism and greed. One speaker referred to the Carrowntemple monastic site in County Sligo which is unique and irreplacable. The year before last the State withdrew a legal action in which a German national was appealing a District Court conviction relating to the theft of some carvings from Clonmacnoise. Three of those carvings have never been recovered. It is abominable that such priceless treasures were stolen by some ruthless person either to sell or to hoard, interfering with this magnificant monastery at Clonmacnoise. John Armstrong, writing in The Irish Times on 25 October 1986, referred to stolen carvings ripped from the wall at the 7th century monastic site at Inishcaltra on Lough Derg. The report stated:

The carving — of an interlaced cross inset with abstract designs was ripped from steel brackets embedded in stone wall.

A spokesman for the Board of Works said yesterday they were "absolutely dismayed by this latest outrage". He added: "We will obviously have to re-examine our whole policy of leaving historic monuments in their natural environment in the light of this and other recent developments".

The report continues:

The director of the national Museum, Dr. Brendan O'Riordan, said yesterday he was "horrified" by the theft, and he appealed to people in the area to report any suspicious traffic between Lough Derg and the mainland to the gardaí.

"This kind of vandalism has become a serious threat to parts of our national heritage. The best defence against it is the vigilance of local people," he said.

That is the very point I am making about community watch and I urge the Minister to put all his energies into it. No matter what legislation we pass, these types of incidents will continue unless there is co-operation between the public, the Garda and the Army to watch over these irreplacable treasures.

Inishcaltra is one of the most important early christian sites in County Clare, containing the ruins of five churches, the earliest dating from the 7th century, and a round tower. Brian Boru is said to have built one of the churches and the site was abandoned during the 14th or 15th centuries. It later became a place of pilgrimage. Liam de Paor, an eminent man in archaeological matters who excavated the site in the seventies, is quoted as saying that it is now virtually impossible to safeguard monuments left in places where they had been perfectly safe for hundreds of years. We must face up to what is happening and take practical steps rather than think only in terms of passing legislation.

If items of this kind are stolen, invariably they are exported for sale on the British, Continental or American market. This type of thing happens all the time. The Minister might use his office to communicate with the principal British dealers, Christies and Sothebys, and ask them to keep a very close watch for anything of this nature. Certainly this is done in a more sophisticated manner in the art world with regard to precious paintings and so on. It is very difficult to pinpoint exactly what is happening in relation to archaeological treasures, in which this country is so rich. Perhaps the Minister's office could establish some kind of alert system between the art galleries so that anything that turns up on the market can be quickly pinpointed.

An example should be made of somebody who engages in this type of activity. I am not speaking about the uncontroled use of metal detectors but someone who rips the side of a monastery wall, steals treasures and sells them abroad. That is a terrible crime and should be used as an example in our courts so that other people will be very slow to engage in activity of that kind.

My second point relates to the active involvement of archaeologists. I referred to the dusty image the discipline of archaeology had, but we are moving towards a completely new attitude to archaeology. New scientific techniques are being used. There are very advanced systems of dating and x-ray photography. We have a developing team of young archaeologists who are willing and eager to get involved in the huge area of preservation of our national heritage.

At this point it would be fitting to pay tribute to the recent appointment to the Seanad of Professor George Eogan of UCD. He holds the chair of archaeology there and is a very eminent professor who has worked extensively on the digs at Knowth and Dowth and produced many learned papers on our twilight past and the marvellous gold industry which flourished in Ireland. He has involved himself in a more updated approach to projecting archaeology to interest the populace and get away from the archaic image that the discipline had. I offer my congratulations to Professor Eogan on his appointment to the Seanad.

I would briefly refer to the fact that our capital city has no city archaeologist; neither has Cork or Galway. The Minister should take this opportunity to appoint archaeologists for our principal regions, perhaps the four provinces to start off with and also Dublin. These appointments could be made by restructuring staff readily available. This would go a long way to regularising the position. People who engage in stealing treasures realise that effectively there are no controls.

I would like the Minister to consider introducing the subject of archaeology as part of our curriculum at secondary level education and including it as part of the training of the Garda and the Army who have a prominent role to play here. The Minister was the spokesman on Defence and he could have an input into this. An understanding and knowledge of our raths and monuments, not necessarily just by experts, would lead to the preservation of many of these great things and would deter JCBs from ploughing up fields and so on. Here a sensitive appraoch is needed. Ireland is unique in that it had universities before Oxford and Cambridge were thought of. Monasterboice and Clonmacnoise were great seats of learning with wonderful books, shrines and chalices.

Let me refer for a moment to the question of treasure found in Ireland. A greater awareness of this subject should percolate through the schools and to the community generally. A recent example is the finding of the Derrynaflan chalice. The very strange decision that came out of the High Court gave the father and son who found this chalice the option of keeping it or taking its value. I never cease to be amazed at some of the decisions that come out of the courts, probably because I have not a sophisticated appreciation of things legal, but it strikes me as bizarre, to say the least, that somebody can come with a metal detector onto the grounds of a national monument or invade private property, unearth from that monument or property a priceless treasure — £5.5 million was the value placed on that chalice although I would regard it as priceless — and literally walk away with it. I am sure that the Minister finds that bewildering.

Suppose somebody comes along to Leinster Lawn with a metal detector, gets to work with it and unearths a few treasures, can that person walk out the gates with that treasure and later claim that he owns it? If not successfully challenged in the Supreme Court this will open the floodgates to all sorts of strange things and people will be able to go into the back gardens or fields of others and wrongfully claim treasure of that kind. According to this morning's The Irish Times the State is very anxious to have an appeal on this matter within, say, 14 days.

The ownership of the Derrynaflan chalice is a grey area. Let me suggest that that chalice once belonged to the churches. Anyone who is familiar with Irish history of the period when monasteries were being razed to the ground and monks, abbots, priests and vicars were being chased from their monasteries and had to bury hurriedly some of the treasure that has been found in the ground, in my humble opinion would hold that this hoard, the Derrynaflan chalice and paten, belonged to the principal churches of the time, the Catholic Church, the Church of Ireland and the Presbyterian Church. If the three churches in question came together, claimed ownership of this chalice and donated the chalice to the State, a very strong case could be made for settling the matter in that way. Certainly it appears to me from reading the history of that time that artefacts of that nature belonged to the churches. Trinity College Library and the Library at Maynooth University house priceless treasures of books that belonged to the churches at that time and later to the State. Therefore, something similar could be done in that area.

There is some disquiet about the possibility that some of our artefacts have been copied and facsimiles and so on have been made. The Treasures of Ireland Exhibition went on tour in America and included the Cross of Cong, the Ardagh Chalice, Saint Patrick's Bell and items of gold, and the exhibition projected abroad a superb image of Ireland. Anyone who went to the National Museum and saw the exhibition there would agree that we can be enormously proud of it. One can imagine that when it went to a country like America which has such a thin background of history the people there must have been in awe at the splendour of the history of 6,000 or 7,000 years of this country.

I worry about reports that abound with regard to the Ardagh Chalice. A person who is engaged in researching this area is expressing suspicion and that a copy was made of that chalice and that this copy is in a university in America. A question must immediately arise as to where the original chalice is. Is it in our museum or in America? I do not want to raise any sensationalism by referring to that case, but it is being investigated. I would like the assurance of the National Museum, who are so desperately stretched in their resources in coping with the amount of treasure that comes to them, that no facsimiles or copies have been made of our principal treasures. If the information is available to the Minister I ask him to tell me in his reply if any copies have been made of our treasures for sale or for whatever purpose.

Regarding reward for treasure, it is important that people who are enthusiastic and conscientious about preserving our heritage should receive ample reward or the market price for a treasure found and brought along to a museum, and that such people are not given some derisory figure which provides no incentive to them to at least bring to the museum items they have found which could be of interest to the State. The museum is very fortunate in that it acquired many of its treasures, monuments and archaeological finds and hoards in the last century, thanks to the great work of those pioneers to which the Minister referred in his initial address. A reasonable reward should be given to the people who bring items to the museum. If it is a question that the museum are rich enough in their examples of certain artefacts, no harm is done and they need not take these items. They might well suggest that the items be retained in private collections. If there are unique items not extant in the museum's collection, I suggest that a fair reward should be given to people who are prepared to come along and involve themselves.

Sunken treasure around our coasts is a very exciting area. It has recently been referred to in the daily newspapers in connection with the sunken treasure off the Wicklow coast. This opens up a new and difficult area in preservation in maritime history. I know that the Minister has a personal interest in familiarising himself in this area to try to provide some catalogue of maritime history around our coasts. One of the great problems is that if information is given out too prematurely, people are only too willing to take away or interfere with history of that kind. That is a shame. Being an island nation, there is a lot of history of that kind on the sea bed and not in very deep water. An example of that only two years ago was the treasure identified off the Sligo coast.

Maritime archaeology is a very costly operation. As the Minister has an interest, I would suggest that he might contemplate going down and seeing some of the treasure himself. I am sure that would instil a lot of interest in that area and prompt a new awakening. I do not for a moment suggest that the Minister take a dive down in a scuba suit, but there is equipment available for examining under-water treasure and the Minister could involve himself in that way. This is an enormous aspect of our history. These wrecks are monuments of battles or of archaeological treasure that was being taken away from the country when the country was at war at different times over the centuries.

The establishment of the historic monuments museum is to be welcomed provided it has the best of input from experts who are willing to give their time. It also must involve the public. We must involve our archaeologists and our people in identifying with their national heritage and all of our treasure. It is very important that we cannot put a price on the wealth of treasure we have here but I suppose we could wipe out the national debt in one fell swoop if that treasure was to be sold on the international market.

This is an opportunity to engage in a vigorous campaign to do something about our treasure but it will not succeed unless the public are involved. There is no other way forward. We will have people greedily stealing unless they are being watched. If an example is made of them in the courts, and they are held up to the nation, that will be a deterrent, because we all feel that these items belong to us. Who, for instance, does not feel that the Ardagh Chalice or the Book of Kells do not belong to us? People are proud when they bring tourist friends to look at those great treasures. Yet, they cannot be protected by the authorities alone. I realise that I am labouring that point, but I am labouring it on the success of the neighbourhood watch scheme which has worked with tremendous effect in Dublin. I am confident that it will succeed and I would appreciate the Minister attaching some merit to some of the suggestions I have made. I welcome the Bill in its present form.

This is the first opportunity I have had to speak in the House since the Minister was appointed so I congratulate him on his appointment and wish him every success. I observed the Deputy carrying out his duties in the House prior to his appointment as Minister and he discharged his duties honestly and efficiently. I am sure he will continue in that manner.

It is important that this Bill be dealt with expenditiously. A number of Governments have tried to get this or similar legislation through but because of general elections or constitutional problems the measure never succeeded in getting through, although it is of considerable importance and deserving of the attention of the House and the people. I am pleased that this Bill is before the House. I recognise the tribute the Minister paid to his predecessor in the Office of Public Works because she had a large input into the preparation of this Bill which was discussed in the Seanad. This Bill is widely supported. We are rich in national monuments, archaeological sites and in our traditions. Our history and traditions because they go so far back are the envy of people in other countries. We have been absolutely careless in the way in which we have looked after our national monuments and historical sites, allowing so much of our tradition and culture to be destroyed, indeed even exported. For decades that was allowed to happen. It is true to say that we have been totally negligent in this respect.

While the Minister has described this Bill as an interim measure it is important. Indeed its introduction demonstrates our recognition of the fact that we have been negligent in this respect in the past and are now endeavouring to rectify the situation. That is not meant in any criticism of the Office of Public Works. I know the staff, Commissioners of the Office of Public Works and the Minister's predecessors devoted great attention to this area. The preservation of our national monuments and so on does not receive great publicity and, for that reason, tends to be put on the long finger. However, in recent years an effort has been made to rectify that position.

I am pleased to note that there is being carried on a full archaeological survey of all our sites and monuments, the Office of Public Works recording all of them in each county. Indeed that survey is well advanced in several counties. However, I am saddened that a limited number of qualified archaeologists were involved in that survey. I appreciate that at times it may be difficult to obtain sufficient archaeologists but it is regrettable that very few qualified archaeologists were involved. Those who were involved in many instances were dependent on the goodwill of local people in furnishing them with information, or on local historians. There are also some wonderful historical societies throughout the country who have co-operated in this regard. I know there is one in County Offaly and I am sure there are many others throughout the country. That archaeological survey is continuing and has been very successful to date and I know the Minister will make every effort to ensure its successful completion.

I know that in the survey carried out in my county and the neighbouring one of Laois the books produced were so extensive, and no doubt expensive, that the only copies made available were those supplied to the Offices of the county council and perhaps also the county library. I hope the Minister and those involved in the Office of Public Works will endeavour to have duplicates produced, if at all possible, for furnishing to post-primary schools throughout the country. I know that would be an expensive exercise and would take some time but there would be immense goodwill on the part of all concerned. I am certain a number of public-spirited people would wish to be actively and positively associated with that endeavour. Indeed I am sure that many companies would wish to participate in the promotion of those books for circulation to post-primary schools. I understand ordnance survey maps have also been produced on which most of these historic monuments and sites are marked, something to be warmly welcomed.

There are quite a number of people who are not aware of our rich inheritance in an historical and cultural sense. My reason for advocating the furnishing of archaeological surveys to post-primary schools is to encourage teachers, principals and others to interest their pupils, encouraging them to become involved in a study of our history, tradition and culture which are so rich and valuable. It should be remembered that once the seed is sown in a child's mind it will flower so that the adult will continue to have an interest in his or her history and culture. We have to get the message of our rich heritage across generally. I appreciate it may take a long time.

The Minister said there had been problems encountered in getting people to report monuments, forts, crannógs and so on located on their lands. In far too many cases a bulldozer was used to level many such sites. There are so many of our ring forts, mediaeval earthworks and buildings under threat it would be beneficial to advertise publicly the importance of preserving such sites. This would, in turn, encourage members of the farming community to retain and preserve them. In the past, perhaps for superstitious reasons, the fairyfort and the fairyring were never interfered with. With the introduction of electricity much of the superstition was done away with. A number of historical items are under threat. The majority of members of the farming community who have valuable items on their lands recognise the historical connotations involved and are anxious to see these items retained. We must be ever vigilant in the preservation of those items and in having them recorded.

I concur with the Minister in regard to increasing the fines that can be imposed on people who are in breach of the regulations in this area. This is necessary and important. The vast majority of archaeologists spend their leisure time excavating sites. I think I am correct in saying that up to 98 per cent of these people would not be looking for treasure trove or buried treasure but would simply be engaging in a hobby. They look for information and they document that information for posterity. That is to be welcomed. We are all happy with that approach but it is necessary to ensure that penalties can be imposed on people who breach the regulations as set out in this Bill. Some people carry out excavations in the hope of finding valuables in the soil. This makes it very important that the appropriate penalties can be imposed.

The Minister has brought in a number of tightening up regulations in regard to the use of metal detectors. I welcome this approach. It is necessary and desirable that our sites and our countryside are safeguarded against the use of these instruments. That is a matter we can discuss on Committee Stage but there is one item of which I would like the Minister to take cognisance now. On occasions it may be necessary and desirable that metal detectors be used by Department officials or by archaeologists but their use, too, could be permitted in such exceptional cases as, for example, road widening. There are many plans in existence in respect of road widening and of the by-pass of a number of towns. These represent long term projects and it will take quite some time to carry out the work involved. There will be at least hundreds of acres involved in this exercise. I have seen some of these plans which include towns from Naas right down to the south.

I appeal to the Minister, to his officials and to the county councillors in the areas where this work will be carried out to give serious consideration to the matter of excavation, to check out those areas and examine them in a very detailed manner prior to the commencment of work. In the case of road widening, we may assume that a considerable number of historical items will not be unearthed but will remain buried but smashed so will be lost forever. I am most anxious that the Minister and his Department officials make every effort to ensure that some group will check out these areas before the work commences.

A considerable amount of land reclamation is carried out and in 99 out of 100 of these cases people do not recognise the value of the historical items that may lie under the soil. Before land is reclaimed the Board of Works should have an opportunity of seeing if there are any historical items that could be damaged or destroyed. I ask the Minister to look at this area because it is of importance.

As I said earlier, I am pleased that the Minister has increased the fines. He gave the example of Carrowntemple graveyard in County Sligo. Deputy Nealon, who is from Sligo, was concerned about that matter as was everybody present in the House. In that graveyard one grave slab was damaged and as the Leas-Cheann Comhairle is aware, the only fine that could be imposed in that case was £50.

Clonmacnoise is one of the most famous historical sites in Europe, dating back to 548 AD when it was founded by St. Kieran. Slabs were stolen from the site by a German. Luckily one of the staff, Mr. Thomas Moore, and a local garda, James Rogers, detected that offence and managed to apprehend the culprit. He was charged in court and the items were returned. I understand there are about three items missing from that site, although I am not certain of the actual number.

I listened with interest to Deputy Brady's absorbing speech. He spoke of the neighbourhood watch schemes as they affect these sites but the problem with Clonmacnoise is that it is in a remote rural area with only a limited number of houses and it would be very difficult to provide total security there. The Office of Public Works' staff at Clonmacnoise secure the majority of these items at night but in any area where there are historical items people will find a way to steal them. To a large extent we have to depend on the goodwill of and detection by many people.

Any person found guilty of interfering, damaging, destroying or stealing from an historic site should have a mandatory jail sentence imposed on him. Unless we do this, we will not be providing a sufficient deterrent because the monetary value of some of these items in London, Europe, and more so in America, is enormous. A person who successfully steals one of these items can obtain vast sums of money for it. As I said, the only way to safeguard these items is by imposing a mandatory prison sentence on the person found guilty of stealing or damaging historical items. In most instances I would be very reluctant to take this step but in this instance it is a step we should seriously consider. This is something we can discuss on Committee Stage because it is very important.

In 1985 the National Parks and Monuments Service published a very good pamphlet setting out our history and culture. There are many other excellent publications and pamphlets giving full details of our historical sites. We should be very proud of our heritage and make every effort to maintain our historical monuments. I feel very strongly that we should provide a sufficent deterrent to prevent people from damaging our historical monuments or sites.

I warmly welcome the setting up of the Register of Historic Monuments under section 5. This register has been needed for very many years. Under section 5 the name, location and a brief description of the historic monument must be entered in the register. Archaeological details must also be mentioned. Under section 18 these items will be entered on the land certificate or folio. Such a measure is long overdue. I welcome the fact that it is the intention to register these items as a burden affecting registered land. Some people may be concerned about this step but I do not believe it will interfere with the sale of a property. Since this burden will be entered privately on the folio, the purchaser will be deemed to have knowledge of the historic site prior to the purchase of the property. It will take time to have all these monuments registered because I understand the Land Registry has been considerably understaffed for the past number of years and this is a sizeable job for them to carry out. In the interim, the Minister should publish a list of national monuments in the local newspapers and also register them with the county registrar of each county, with county councils and the planning office. In that way, a solicitor acting for someone purchasing land could see if there was a national monument on a farm in the same way as a person selling a farm would check to see that the buyer was solvent.

I know this is not strictly under the aegis of the Minister's Department but I should also like to refer to our historic houses and medieval buildings. I do not know the Minister's plans in this regard but they are part of our heritage, history and culture and they should also be registered under section 5. Many of these old buildings have been destroyed and it is essential to ensure that the remaining buildings are included on the register. When the economy improves the Minister should consider introducing an incentive for restoration work on a number of our medieval and historic buildings. I do not know if the Minister has had the pleasure of visiting Ballymacegan Castle, County Tipperary——

I know it.

This building was used for housing livestock and it was a total ruin. The staff of the Department had carried out tasteful and picturesque restoration work on buildings in Portumna and, on completion, they commenced work on restoring Ballymacegan Castle. Anyone who wishes to see at first hand top-class craftsmanship and expertise should visit Portumna Castle and Ballymacegan Castle. They will be justifiably proud of the work carried out in restoring these castles.

There are some old style buildings in Geashill, County Offaly, and the local authorities have placed preservation orders on many of them. I hope the Minister's Department will encourage the maintenance and retention of these buildings because the village has retained its character over the centuries.

The malls in Birr, Westport and Ballina are very important. In some cases there are preservation orders on the houses but an effort should be made to try to ensure these buildings are all retained. Elderly people may not be in a position to maintain these buildings and they should be given some incentive to do so as it would be a great pity to see such buildings fall into disrepair. Oxmantown hall is well over 100 years old and I am sorry it has fallen into disrepair and decay over the years. If that building disappears from the mall in Birr the town will be the loser. I understand that a very active group are interested in this hall and I hope that they will succeed in maintaining it. In matters of this kind, the Department have powers at least to make sure that such buildings are preserved without interfering with the ownership.

I will not go into the legal definition of a monument but it is a long, comprehensive definition. Under the 1930 Act, a national monument is defined as a monument or the remains of a monument the preservation of which is a matter of national importance by reason of the historical, architectural, traditional, artistic or archaeological interest attaching thereto. I know that our woods are not national monuments but they contain beautiful oak and beech trees. We have all heard of Coolattin Woods and of Derryguinnon Woods, Derryclure and Clonard Woods in County Offaly. It took hundreds of years to grow those trees and they were a paradise for wildlife. They were also of tremendous historical interest and a great attraction for tourists. Many people travelled to see them but, sadly, they are now treated as nothing more than a cash crop. Trees are being felled out of hand although I understand that replacement trees will be planted. What is happening to Coolattin Woods is like amputating part of a person's arm or leg and the same applies to the other woods to which I referred. They are being wiped out although it took generations for those trees to mature. A saw is wiping out our history and culture in one fell swoop. The Planning Acts should be amended to prevent this happening in future. The Minister's advisers should study this point closely to see what can be done in regard to woods. I know they cannot be classified as national monuments but their preservation is essential.

The preservation of woods such as Coolattin is also essential. It saddens me to see woods being felled in County Offaly. There are Deputies in this House from Counties Kerry, Wexford, Dublin, Sligo, Galway and Offaly. In each of those counties there are beautiful woods with oak and beech trees which are under threat of being wiped out. We cannot sit idly by in this House and allow those woods to be felled. By felling those woods we are wiping out a piece of our history. These magnificent and beautiful woods are popular local amenities and have been responsible for attracting tourists to this country. As they have taken hundreds of years to grow, we as a nation must act immediately to preserve them. It is a crying shame to see the way in which they are being felled at present. I ask the Minister to see whether the Office of Public Works can save this part of our history. This may mean that the planning laws may have to be amended.

The Leader of the Labour Party has very positive ideas and is considering introducing a Private Members' Bill on this issue. If he does so, he will have the support of the Fine Gael Party. I am certain that all parties are anxious to see the preservation of these woods. I want to place on record my dismay, disgust and disappointment on seeing Coolattin Woods and woods in my own native county being destroyed before our eyes. We in this House must make sure that those woods are preserved. The Minister also referred to wrecks off our coasts. These wrecks are of immense importance and many safeguards are necessary. If people enter these wrecks they should be obliged by law to report what items they find and the Minister's board should have an opportunity to assess their value and ensure their preservation for posterity.

The Minister also referred, as did Deputy Brady, to the Derrynaflan hoard. The position in regard to the Derrynaflan hoard concerns me. Early in December 1986 Mr. Justice Blayney awarded the sum of £5.5 million to Mr. Webb and his son who found the Derrynaflan hoard while using a metal detector. That decision, as we are all aware, is being appealed to the Supreme Court. A date has now been fixed for the hearing of that appeal next month. In the meantime written submissions are being made. I appreciate that this matter is before the court——

In that case I feel sure the Deputy will be very careful as the matter could be deemed to be sub judice.

I appreciate that and therefore I will be very careful about what I say. Irrespective of the particular case in point, one thing that concerns me is that our Constitution does not provide for treasure trove. In Britain, treasure trove is deemed to belong to the Monarch. Therefore, all gold and silver objects hidden in the ground in England belong to the Queen. There is no similar provision in Ireland. In Britain if treasure trove is found the finder is rewarded and my understanding of the legal position there is that the finder is paid its full market value. I would be against the payment of the full market value in this country. I would be totally opposed to the taxpayer being obliged to pay the full market value to the finder of treasure trove discovered in the ground.

However, if we do not pay some reward to the finder of a valuable treasure a valuable item may be concealed or damaged or, even worse, smuggled out of the country. In fact, a large number of historical items have been smuggled out of Greece and Italy to Britain and America. We must provide some incentive for people to acknowledge that they have found an item and to report it and we must pay them some compensation or give them a reward. If we only give an infinitesimal reward for the finding of a particular item it will encourage people to smuggle that item out of the country. We will have to consider the amount and type of reward which we should pay to finders. In my view the reward paid should be reasonable and logical and should have regard to the value of the object found and the difficulty and trouble the person had in discovering it. These are matters the court would have to take into account in deciding the amount to be paid to the finder of a particular object.

At present there is an appeal to the Supreme Court in regard to the Derrynaflan hoard. Whether this House could have acted beforehand is debatable. We have three options, the first of which is to await the decision of the Supreme Court. The second option could be the bringing in of legislation to prevent such an amount of compensation being paid and the third option could be the bringing in of an amendment to our Constitution on this matter. Those were the three options which faced the previous Government and which now face the present Government. The Minister of State referred specifically to this in his speech.

Mr. Justice Blayney stated in his judgement that the people involved were actually not trespassing on the land but that they had not permission to dig on the land. That was quoted at the time in the newspapers.

I would prefer if there were no reference to persons outside the House.

I shall not make any further reference.

The reasons are obvious.

With regard to valuable items of treasure trove, a common-sense practical approach could be taken. If people could be rewarded a practical and logical amount for discovering these objects that would be highly desirable. It is absolutely essential that people be encouraged to report such finds to the State. Otherwise, if the items are not handed over to our National Museum we face the danger of their being smuggled out of the country. If the compensation took account of the value of the object found, the situation would be met. The Minister should treat this matter with extreme urgency.

Local authorities around the country have a major responsibility in regard to the protection of our national historic monuments. We must be vigilant. I ask the Minister, his Department officials and the Commissioners of Public Works to keep an eye on the local authorities concerning their approach to these matters. I believe 99 per cent of our county managers, officials and public representatives are very careful and diligent in safeguarding and looking after our historic monuments and treasures. On occasions when houses or office blocks are being built local authorities make important decisions. Wood Quay in Dublin is a classic example of a local authority making the wrong decision, which when once made was carried through regardless. The buildings of the office towers on the Liffey is now history, but it was a great tragedy nevertheless. When one sees the view across the river towards Christ Church Cathedral being obstructed by these office blocks one cannot but regret that this building, one of the most magnificent, not just in Dublin or in Ireland but in the world, has been spoiled. The original view will now only be remembered by the old people of Dublin. It is a great tragedy that such development went ahead on that site, building upon national treasures for all time.

There is a proposal now to replace Nelson's Pillar in Dublin but I have reservations about that. There has been much controversy about the statue to surmount this monument. If I had my choice I would choose Father F. X. Martin to be remembered there. He showed courage, initiative, grit and determination in carrying on a continuous fight for our history and culture and in trying to preserve the Wood Quay site. It was a great fight but, unfortunately, he lost. He fought that fight right through the courts, on the streets and in every way possible. He tried to alert the public to the danger to our history and our culture. People like him awaken public consciousness. They give us pride in our history going back over the decades. He is a shining example of those who are interested in our history and our culture with regard to the safeguarding of items which took so many centuries to build up.

I welcome this Bill and look forward to a discussion on Committee Stage. The Minister can be assured of our co-operation.

I hope to be as brief as possible, because there are a number of Deputies offering to speak. First, I compliment the Minister on bringing in this Bill and wish him well in his position as junior Minister in the Department of Finance. The Bill is to be welcomed. Over the past 30 years the failure of successive Governments to take action in combating the rape and destruction of our monuments and archaeological sites has had dire consequences. It has deprived the Irish people of at least 30 per cent of their heritage and traditional monuments. It took the Derrynaflan crisis and the uproar over the use of metal detectors to ensure that the Government of the time work up and took action.

I wonder if this Bill is too little, too late. I have seen in my own area and around the country the destruction of valuable monuments and sites through development and building. The majority of these acts of vandalism were carried out by well educated people whom one would expect to have a more caring and responsible attitude. Progress and the quick buck were more important to them than preserving those treasures for future generations. Despite repeated requests to Government, nobody seemed to care or at least nobody seemed to be capable of taking action. Those monuments, artefacts and archaeological sites belong to the Irish people. The Government of the day have a duty and a right to protect them and to provide the finance and the manpower to ensure their protection.

I come from a county which has often been described as "historic Wexford". Deputy McCartan comes from the same county but he now represents Dublin, his adopted county. The songs and stories of Wexford all relate to its heritage, culture and past, for example, we have songs and stories about Vinegar Hill, Boolavogue, Banna Strand, and the landing of the Normans. Monasteries, friaries and castles are also mentioned in songs and stories.

I am glad Wexford County Council have recognised that Wexford is a valuable tourist attraction. They have erected a new heritage park at Ferrycarrig. This park cost over £1 million and it will be opened by the President very shortly. It is expected that this heritage park which dates back to the Stone Age will attract many tourists from abroad and from different parts of Ireland. Most of the-work on the heritage park was undertaken by young people on the youth employment and social employment schemes. This proves that young people have a role to play in our society. The park provided very worthwhile jobs for those young people for the last two to three years. I commend the county manager and his committee who worked so hard and tirelessly to ensure that this heritage park will open in June.

Many of the areas mentioned by the Minister are dear to the hearts of Irish people. Up to the middle fifties and the early sixties Ireland was not a prime tillage country in the sense that most work on the land was done by the horse and the plough. It was only when modern machinery came in that much of our cultural heritage was desecrated. As a result many ancient monuments have been lost. I do not blame the farmers because at that time many of them were not aware that there were valuable relics of the past on their land. Many farmers had the desire to make a decent standard of living for their families and they did not realise that by using new machinery they were carrying out such desecration. The Government should have ensured that farmers and other people up and down the country were educated about the importance of those monuments and archaeological sites.

An educational process in relation to monuments and archaeological sites should be implemented through our schools. There are attractive booklets available covering many national monuments. I want to stress the importance of the booklet Irish Field Monuments. This well-produced coloured booklet gives a concise and readable description of monuments throughout the country. I think that at some stage in the past samples of that booklet were sent to schools. The Minister should try to reawaken interest in the area of national monuments through our schools. Teachers and the people involved in the running of schools should ensure that students are made aware of the importance of our monuments, our heritage and the historical sites that exist in each county. Nowadays many teachers bring their students on nature trips and give nature talks. It is important that they should also include visits to monuments. I am happy to say that this is happening in some areas. However, there are schools where teachers do not seem to be interested in this area of education whereby young people would grow up with a caring attitude and continue to look after our cultural heritage.

The Fianna Fáil Government have identified tourism as an area of great potential for growth. In this regard national monuments are one of the main attractions. When one looks through tourist publications one cannot but be struck by the number of monuments which are featured. Our monuments are of particular interest to continental countries and to our European counterparts, especially the French and the Germans. Our monuments, heritage and culture will play a major part in developing tourism in the future if we are prepared to sell them in such a way as to attract tourists.

The Office of Public Works are making every effort to provide facilities at major monuments but unfortunately there seems to be a lack of finance. I would like to see a development between the Board of Works and local authorities, in particular county councils, in mapping out and developing sites that would be major attractions. What has been done in Wexford is a prime example of what can be done without having to spend huge amounts of money. The Minister should look at the role of local authorities in conjunction with the Board of Works in ensuring the protection of those monuments and sites and that they are brought to the attention of tourists.

Reference was made earlier on to metal detectors. If the Derrynaflan crisis had not arisen would there be any talk about metal detectors today? I welcome the action the Minister has taken in section 2 in introducing new regulations to combat metal detectors. I would not agree with what Deputy Enright said. If the general public are not going to be allowed to use metal detectors the Board of Works should not be allowed to use them either. Many of our relics would be better left lying in the ground if the same crisis we have had over the past few months in relation to the Derrynaflan hoard were to occur again.

I welcome the increase in fines in section 17. Fines were too small up to now Many people may feel that £50,000 is excessive but it is important that there is a deterrent to people entering on to lands and trying to steal valuable relics.

The register of historic monuments in section 5 is very important. The register will ensure that all monuments are documented. It will make it easier for whoever has control of the register to take action against people who are not authorised to interfere with such monuments. I commend the Minister for making this provision and I hope it will be implemented.

I hope the Historic Monuments Council are not going to be regarded, no matter what Government are in power, as jobs for the boys. Too often in the past we have had boards and councils set up by Ministers and Governments of the day. In most cases those organisations consisted of people who were not capable of carrying out the work required of them. Most of the people appointed to such boards since I entered politics could not have coped with the job of running a huckster's shop let alone the important boards and councils they were appointed to. It is important that those appointed should know what is involved and have a caring attitude to historical monuments and artefacts. Appointments should be on the basis of ability rather than the political party they support. It is important that we appoint councils consisting of people who are interested in this area.

I should like to appeal to the Minister for support for county museums. We have a county museum in Wexford which contains many historical reminders of the county's and the province's past but, because of inadequate finance, those involved are finding it difficult to carry on. Visitors are charged a small amount and that goes towards the cost of the upkeep of the museum which is run by local people on a voluntary basis. Enniscorthy Urban Council make a small contribution towards the running costs but for such worthwhile projects county councils and the Government should make grants available. It is important that the work of local people in protecting their local heritage is recognised. I am not making a case solely for Wexford but for all counties that have gone to the trouble of providing a local museum.

In all major cities and towns beautiful old buildings have been allowed to fall into decay, were knocked down and replaced by high rise office blocks. It is wrong that there should be such destruction of mediaeval layers, historic buildings and Streetscapes. Some of the buildings erected in Dublin in recent times are nothing more than monstrosities. They were badly designed and are not in keeping with the local landscape. The architects involved in some of them should have been jailed. They have not enhanced the appearance of the city. All historic buildings should be protected. I should like to wish the Minister well with the legislation and I hope that money and manpower will be made available to implement its provisions. I hope the Office of Public Works will co-operate with local authorities to ensure that its provisions are complied with. It is my wish that the legislation is not left lying idle while our monuments are destroyed and artefacts stolen, thus depriving our children of valuable evidence of our past.

I should like to congratulate the Minister on his appointment and wish him well. The Worker's Party welcome any legislation that seeks to update any law. The Bill before us seeks to update legislation that was passed in 1930 and 1954, the legislation governing our national monuments and historic sites. In introducing the Bill on 28 April, the Minister indicated that this was an interim proposal. It appears from what he said that it was the challenge of a case currently before the courts that compelled the Government to act on an interim basis. We reject that view. The House can always go about its business in the manner it deems fit irrespective of the activities of other arms of the State. It is accepted that there is no point in our legislating here if we run into difficulties with the courts in their normal functions but it must be clear that there is no impediment on the House proceeding with legislation in the legal sense if we decide to do so. For that reason the Bill before us is disappointing because it does not face up to the central problem surrounding the preservation of our national historic and archaeological monuments and sites. I am referring to the whole issue of treasure trove and the right of the State to claim ownership of items of historical or archaeological importance discovered within the jurisdiction of the State.

The decision of the High Court in July, 1986 — I appreciate that it is currently under appeal to the Supreme Court — clearly establishes that the old notion of treasure trove which was found as a prerogative in England when we were governed by that country does not apply here since our State was founded in 1921-22. It is the view of the High Court that there is not right to trove residing in our State as formed and constituted under our law, subject clearly to the views of the Supreme Court when it decides on the issue. It would seem that the view of the High Court is a sensible one and is founded on firm principles. I am sure the Minister has been advised of this by his Department and by the Attorney General's office. Therefore, it is up to us to take action in this regard whether by legislation — it may be possible to include a provision in the Bill at a later stage to cover the matter — or by way of an amending provision to our Constitution.

I hope everybody does not yawn every time the question of a referendum to amend our Constitution is raised in the context of important social issues. However, a problem exists in this area and it has been recognised by the Minister. In the past legislation was knocked back at various stages along the way because of constitutional impediments. If they exist we must confront them and take corrective action. In the national media today it was reported that a reason to expedite the hearing of the action before the Surpreme Court was the urgency arising from the invasion of many of our archaeological and historic sites by people seeking to exploit the legal situation. That problem will persist after the Supreme Court has handed down its judgement. In any case it is incumbent on the Minister to address the problem now and to realise that irrespective of whatever might be decided judicially by another authority, there is no impediment on this House getting on with its proper business.

The Bill, because it is an interim measure, attempts in the first instance to address the immediacy of our problems relating to the use of metal detectors. It is our view that until the law relating to treasure trove is clarified and the situation resolved to the satisfaction of the common good there should be no licensing of the use of metal detectors. It would be absolutely impossible to police the licensing of metal detectors as a means of exploring or inquiring into sites of archaeological or historical interest. Most of our historic sites are in remote locations. Often they are unclearly marked or specified. We are seeking in the policing of the provisions set out in section 2 to rely on a very much overworked and extended police force or persons of good intention. Reference was made in earlier speeches to neighbourhood watch projects. We have to be realistic in considering this matter. There are huge incentives for using these machines. The sum of £5.36 million is potentially available in one instance alone by reason of the use of these machines. Counsel on behalf of the State reported to the Supreme Court that many of our sites were being invaded by people. As long as the potential for commercial exploitation of finds exists, it is unrealistic to hope that we can police the type of licensing system which the Minister proposes in section 2. On Committee Stage we will propose an amendment prohibiting absolutely the use of metal detectors until such time as the law relating to treasure trove has been resolved to the satisfaction of the common good and the State.

I will give an instance showing why we are concerned. About 1980 two men went to a remote site in this State. Some of the buildings there carried signs erected by the Office of Public Works warning that the site was preserved and was given protection under the law. Despite this warning, they proceeded with the permission of the local landowner and in time their excavations uncovered a very valuable hoard. They stand to gain massive moneys if their claims are sustained. Nobody knew these people were there. Who is to tell the Minister in these types of situations what is going on? This can also happen in places which are not so remote where a person passing by could confront somebody using a metal detector to excavate. Under the proposed legislation there is facility for the licensing of individuals and for that licensed person to have agents working on his behalf in the carrying out of excavation work. There does not appear to be any requirement that these agents be named on the licence as issued. Neither does there seem to be any restriction on the number of agents who can work on behalf of the licensed person to carry out archaeological inquiries. One can imagine the kind of slick answers that would be given if a concerned person or a garda asked a person whether he was working on behalf of a licensed person or if he held a licence himself. The inquirer would have to go away to check, but by the time he returned the person earlier confronted would not easily be found if false information had been given. This is a particular problem when the incentives are so great.

The Workers' Party appreciate that in many instances the work of the amateur explorer can be very valuable to the State. Deputy Enright referred to some instances where motor by-passes have to be built or site clearance has to take place and a person may come with a detector to see if anything of interest or value can be recovered. That is very commendable. We appreciate that there are well-intentioned organisations who are concerned to maintain standards and police the use of metal detectors. We would envisage that in time the type of scheme the Minister has included in section 2 should pass into the corpus of our law but we are again trying to emphasise that this is not the time, particularly when the law is in a state of flux and we cannot be sure that massive incentives will not be the order of the day once the Supreme Court has handed down the results of its deliberations.

Under section 2 presumptions are laid down in law for a person found with a detector in or about an archaeological site. It is presumed that the person is acting illegally under subsection (6). These presumptions do not work as well as it might seem on paper. How does one not allow an immediate rebuttal by a person who is simply found walking around a site with a detector activated? Surely the person must be found in flagrante delicto, either with a site opened up and an item retrieved or some clear indication that the person having found an item in the ground intended to keep it. As I understand the regime which has been suggested by the Minister in section 2, there is no interdict on the use of metal detectors for purposes other than archaeological exploration. Therefore, a person can claim that even though in the vicinity of or on an archaeological site he or she is not particularly interested in finding anything of that importance. I see great difficulties in trying to police this kind of regime. We should give serious consideration to the position that exists and consider prohibiting entirely the use of metal detectors on a general basis until the law has been clarified. For example, there is a prohibition under section 2 (1) (c) on promoting, “whether by advertising or otherwise, the sale or use of detection devices for the purpose of searching for archaeological objects.” That is well intentioned, no doubt, but we must recognise that by reason of events in the course of the past few years detectors and their value to the unscrupulous person are well known and entering this into legislation at this time is tending to bolt the stable door long after the horse has gone.

In respect of the notion of licensing as envisaged under section 2, a question must be asked about the type of people the Minister has in mind. All excavation work in the State in the future should be carried out under the direct responsibility of the commissioners. It is important that there be a direct line of responsibility back from the people on site to those carrying the overall responsibility for policing and maintaining our national stock of archaeological and historical sites. Many people in the State and from abroad will seek to explore and carry out excavations. These people should be licensed as agents of the commissioners and be directly responsible to them. We are concerned that there seems to be no limit to the number of agents in turn whom these licensed persons can employ, nor does there appear to be any necessity to include on the licence issued the names of agents who would be employed. If the regime is to proceed that should be clearly laid down in the legislation.

The provision for an application for a licence being deemed to be granted if there has been no response one way or another within three months after the making of the application is worrying because there may be very good reasons why the Minister or his officials would want to inquire into the alternatives which would require longer than three months. While on paper it looks a reasonable period of time, experience of the whole area of planning applications has shown that the fixing of a period of time for a response to a planning application has often led either to oversight or simply inability to get to the correct decision quickly enough to planning applications being granted because a response was not given within a fixed time. Why should people who want to apply for permission to explore and excavate sites that do not belong to them be entitled to an answer within three months if there are good and sufficient reasons that the reply be given after a longer time? I have referred to the planning area. In a planning application at least the owner of property is applying for permission to develop his or her property but in the situations we are discussing an explorer or a person excavating will have no legal title or interest in the property beyond the wider interest of archaeological exploration. Why the need for the three month rule? Is the Minister satisfied it will work to the better advantage of all in the long term when we being to put these provisions into effect?

The provisions in relation to wrecks and demarcation of areas of importance at sea must be welcomed, but here also we see that three months rule for people who wish to explore and the same questions arise. In this context also the Minister has fixed a period of 100 years. There is an onus on a person exploring to report a wreck found of 100 years or more. I do not wish to be facetious but what of a wreck that is 98 or 99 years old? Who is going to argue with a person who is down there exploring as to whether he or she knew the age of the wreck that he or she interfered with? We suggest the Minister should consider making it a general obligation on all persons exploring underwater to report all wrecks to the local authorities, the Garda Síochána, the commissioners, or whoever is envisaged under the Bill so that it be for them to decide on the significance, the age and the importance of the wreck. Too much leeway would exist if we maintained the definition of a wreck as being something 100 years or more old. Many wrecks in the waters around our island less than 100 years old would be of historical importance and should also have the protection of our legislation.

On a general point, we hope the Bill will proceed but in the way I have outlined. It makes no provision with regard to powers of the Garda Síochána. Time and again this is overlooked. The power of arrest, the power to search the vehicle or conveyance of the person who is found involved in illegal activity, the power to question or to seize items used by the person involved, do not seem to be addressed in the Bill. I will accept the advice of the Minister if those are adequately covered in the two Acts I have referred to. However, I must admit I doubt whether legislation passed in 1930 or 1954 would carry all the powers the Garda Síochána would need to police properly, the type of regime the Minister seeks to introduce in this Bill.

The provision in respect of the register of monuments and historic sites is most welcome. It is important that money be made available to ensure that it does not become a register in somebody's office somewhere but that it is promulgated widely in the schools, in local authority buildings such as libraries, in Garda Síochána stations and in other public places as prominently as possible. It must not merely be published in Iris Oifigiúil. There is a major educational role in the whole area of making people aware of the importance of our heritage and of the significance of preserving our heritage in its locale.

Section 7 proposes to remove national monuments in time to a museum or other facility. It will have to be conceded by all of those concerned that often this means the removal of the artefact or item to the museum in Dublin or to some place of safe keeping in the city. It does not appear in the legislation that there is any intention to consult with the local authority in relation to what the commissioners would decide to do with an artefact where it was deemed necessary that it should be removed to a museum. These items can have great tourism importance in the locality and it is exceptionally important that local authorities be consulted so that a scheme for housing artefacts in the location or on a site in the next village would be fully considered.

I know the Government have plans with regard to the decentralisation of our bureaucracy. We should also work towards decentralising our artefacts and archaeological finds so that they are on display as near as possible to the place of their original location and are available to local communities as an opportunity to generate tourist interest in the locality. I do not see anything in this Bill that allows for that amount of local democracy. I am afraid that many very important items and artefacts would, with all the best intentions, find their way to Dublin where they would rest on display in the gallery or else, would be transferred to such unlikely places of safe keeping as Daingean Reformatory.

In relation to the question of an increase in penalties, there can be no doubt that this is a welcome development. In response to a point raised by Deputy Enright there should not be a mandatory penalty in criminal legislation. The importance of leaving it to our Judiciary to decide, on the facts, on what should be done cannot be underestimated. The penalties included in the legislation are adequate to enable an active and concerned Judiciary to deal with a person who trespasses and desecrates or interferes with our heritage.

This Bill is welcome. It is updating out of date legislation. It is seeking to bring up to date an interest but it is interim legislation. Once it is there it will be hard to dislodge. It would be difficult for the Minister to find the enthusiasm and energy of this House to enable him to come back and address the wider issues once we have what seems to be adequate legislation for the time being on the books. That has been the experience of the House over the decades. I am anxious that the Minister should between now and the next Stage address the whole central issue to any serious development in the area of the protection of our heritage, that is our treasure trove.

While I welcome the setting up of the Historical Monuments Council, I am concerned about its composition in so far as that we have a very rich and valuable labour history and tradition in this country and I notice that the only academic institutions that are honoured with inclusion in the board are the universities. I invite the Minister to consider including in the list a member of the Dublin Institute of Technology which, in Dublin is second in size to UCD in terms of the numbers of students for which it caters. Would the Minister also consider it advisable to include a member of the Irish Labour History Society? The Minister for his own reasons fixed the importance of wrecks found in the sea at 100 years, but our labour history is longer than that. There are institutions and facilities of importance to that tradition that should equally be considered. I am anxious that whatever body is established these institutions would be fully advised and consulted in this whole area. I recommend that idea to the Minister.

A Leas-Cheann Comhairle——

The Order of the House requires that I should call a Member from the Other side of the House but if Deputy Foley is happy to delay his contribution, perhaps I could call Deputy Nealon.

I do not mind, a Leas-Cheann Comhairle.

The Deputy's magnanimity helps the Chair.

I thank the Chair and Deputy Foley. I join with other Members who have contributed here and in the Seanad in what is now a chorus of welcome for the National Monuments Bill. I welcome the fact that it has been given a priority in the early legislative work of the new Government. The Minister of State obviously deserves credit for that. I take this opportunity to congratulate him on his appointment. I hope that the early passage of this very worthy Bill will be the prelude to a very successful period for him in office, in an area that generally transcends politics, expecially now that the arterial drainage of the Dunkellin River in his own constituency and of the Owenmore and Arrow Rivers in my constituency has been moved to another area.

The nature of this welcome all party support for the Bill is through an accident of timing emphasised by the fact that one administration introduced this matter in the Seanad, steered it through that House and that now the present Government have with enthusiasm taken it on board unchanged. I am very pleased also that some important amendments generated in the Seanad have been incorporated, resulting in what is a considerably better Bill. Too often Ministers come to this House and to the Seanad with a very fixed idea about their Bills, with closed minds and resisting amendments. It would be a very good thing if the attitude towards this non-controversial Bill, were adopted to controversial Bills. All amendments should be looked at and considered on their merits and not in relation to whether they may cause delay to a Minister's legislative schedule. That approach would give us better legislation and would make all Members of the Oireachtas much more interested in the debates and perhaps a little less interested in constituency work than is the case at the moment.

The Bill's purpose is to further protect our archaeological heritage. We all have a serious and immediate obligation to provide all of the possible legal muscle towards that end. Unlike other spheres our failure to act immediately, or our negligence in this area cannot be remedied, or made good in the future.

I have a particular interest in the marine archaeology section of the Bill dealing with historic wrecks and arterfacts found off our shores; indeed also the section dealing with artefacts found in land under water. There is a necessity for clarification of the law in this respect, for a further strengthening of the law, putting it beyond all ambiguity or the chance interpretation of a court. We must establish permanently and absolutely the State's rights in this area. In the immediate past we had a rather cavalier approach to the whole area of marine archaelogy. It is not so long since there were advertisments in the papers telling people of the great adventures awaiting them if they came here to explore the shipwrecks off our shores in our clear, cool and inviting waters. That was the kind of approach adopted until relatively recently. Through lack of concern for such wrecks, through lack of involvement by the State we allowed important artefacts and treasures to be taken away, lost now for all time. It was a totally neglected aspect of our heritage at official level. In very recent times only did the State take official cognisance of what was taking place.

This new interest followed the claim of the discovery of three Armada shipwrecks at Streedagh near Grange in County Sligo. I understand these may turn out to be the most important Armada wrecks found in recent times with the ship's manifests in Spain indicating that there may be more than 50 cannons present on the three wrecks. Of course the timing of the discovery was good, coming in advance of 1988, the 400th anniversary of the invasion by the Spanish Armada. Of course the location itself is a beautiful area of County Sligo. That is all that was good about this discovery, claimed by a group of British divers who had obviously proceeded with their work without permission from anyone. The first official news or notification that any of the State's agents received was when a cannon was being taken off one of the wrecks.

As is the case in most of these discoveries, the attitude of the divers was unashamedly commercial. They were not drawn to the areas as archaeologists, as historians, or indeed as subaqua people engaging in pleasure diving along our beautiful coastline. In my opinion they were there for what they could get out of it. I am not saying there is anything wrong with that as long as they do not further their commercial aims at the expense of our State. As far as I can gather from their attitude it appears that they claim they own what can be taken off these sunken ships off our coast. Of course that could amount to millions of pounds, taking into account the type of cannons and their value. It should be remembered that they came onto our territory without anybody's permission.

They now have their back-up legal team firing the occasional salvo in our direction from London. Their general attitude appears to be that if they remain good boys they might get in on part of the action. Fortunately, in this case my understanding is that we are well protected by some of the Maritime Acts on our Statute Book. It is also my belief — and this can be substantiated — that in working where they were those divers were in breach of the foreshore Acts. Contrary to many people's opinion the foreshore extends from our high water mark — not to low water mark — to three miles out to sea. The discovery of these wrecks was well within that area.

The position of the State's rights is being further underpinned by the provisions of this Bill. It is important that all such salvage work is done in accordance with well established archaeological principles and under proper supervision. The National Museum has a trained archaeologist who has now trained as a diver as well so that she will be able to supervise the work going on there. Before the change of Government I made arrangements for moneys to be made available for the excavation work soon to begin off Streedagh. I hope a considerable amount will have been done for the 400th anniversary of the Spanish Armada. I hope also that in due course a museum will be established there. It is important and conforms to current thinking, that when artefacts of this nature are found they should not all be taken to a national collection but, as in this case, a specialist Armada museum should be established near the site of the discovery. I have been involved in this exercise. I chaired an interdepartmental committee specifically involved in dealing with the Armada discovery. Previously there had been great neglect in this area. Indeed, I might praise the work and dedication of that committee. The provisions of this Bill will have a lasting benefit for the nation as a whole.

Another area being dealt with in the Bill is land under water. We encountered potential difficulty in that area recently with the discovery of the Lough Kinale book shrine, a treasure which can rank among the six or seven greatest treasures in the National Museum collection. It would rank alongside the Ardagh Chalice, the Tara Brooch, the Cross of Cong or the Derrynaflan Chalice. This book shrine was discovered in a lake on the Longford-Westmeath border. But for the prompt action by the State on that occasion, we could have been embroiled in interminable legal proceedings about another of our great treasures. The provisions of this Bill will help in that area.

The Minister should take a very keen look at the definition of land under water. I can easily foresee that, if the price were right, some people searching for such artefacts could engage in quick arterial drainage to ensure that what was land under water would suddenly become dry land. This is an area warranting careful study and thought between now and Committee Stage.

I agree fully with the sections of the Bill designed to counter the menace of metal detectors. Undoubtedly rigid control is needed if we are to avoid further pillage and destruction of our national monuments by these predators. However, it should be put on record that there are honourable, decent people using metal detectors at present, people who regularly report their findings and deliver the products of those findings to the National Museum. I might issue a warning, or an alert, in this area of licensing of metal detectors. Archaeologists are excellent people but they can be overpossessive in this area. I have often thought that great discoveries would be considered even greater had they been made by the archaeologists themselves. I suspect that archaeologists will oppose the granting of metal detector licences to anybody except trained archaeologists, that is, themselves. In other words, I suspect that an applicant will be asked to produce their degree at a Garda station before being granted a licence. I am sounding that warning. I agree that a metal detector should be used only by trained archaeologists in the vicinity of a national monument where excavation should be carried out in a systematic manner and where it is expected that valuable items may be found.

However, there is another very involved provision in the Bill. It will be an offence to be in possession of a metal detector without a licence where the purpose of having it there is to search for archaeological objects. Furthermore, the Bill allows for presumption that the device was being used for the purpose of searching for archaeological objects, unless proved otherwise. The implications of that are extraordinarily sweeping. For instance, the Lough Kinale book shrine which I mentioned earlier was probably found with the aid of some such device. Are we to wait for the one archaeologist in the country, who can also dive, to search the lake beds of our country? Would a person operating in those areas with a metal detector or with some similar device be regarded as being beyond the law in those cases? This is something that needs further evaluation between now and Committee Stage. Perhaps the Minister in his reply will give some indication of the kind of people he feels might qualify for a metal detector licence for archaeological purposes. Perhaps he might consider two types of licence, one for operations in or near national monuments and the other for what I might call wild cat exploration.

This Bill does a lot to strengthen our laws to protect our heritage but it does not do everything. As the Minister said, it is an interim Bill. He said there are certain matters before the courts and because of that the introduction of a comprehensive Bill is inhibited. I do not believe in that kind of reasoning. We are entitled to make our own laws. If necessary we should take pre-emptive action rather than wait for the outcome of particular cases. The whole area of the rights of ownership of recovered buried treasures on land or in water is a legal minefield, fully primed and with the exits barred by skilled lawyers doing their job for their clients. I am absolutely convinced that what we really need is a provision in our Constitution, or an amendment to our Constitution, or a combination of both, with appropriate legislation that would put beyond all doubt and beyond all courts the State's total and absolute right to certain clearly defined recovered heritage objects.

There is a certain ambiguity in regard to this matter. We all saw the results of the treasure trove case in the High Court concerning possession of the Derrynaflan hoard. We also saw the subsequent spectacle on television of a champagne celebration of that victory, the celebration of the confiscation of property which rightfully belongs to us. Confiscation might be too strong a word because I am sure the people who were celebrating, if they got £5 million, would gladly hand it over to us for our own property. The matter of the Derrynaflan treasure now goes to the Supreme Court and I know the State's legal experts are very confident of success. However, I strongly believe that the only way to prevent further court cases in the future is by way of constitutional change.

We had the discovery of the Lough Kinale book shrine which I mentioned earlier. It was only the prompt action by the State, by myself, that prevented a repeat of the difficulty we had with the Derrynaflan hoard. In that case an agreement was reached, in a very short period of time, with the people who found the Lough Kinale book shrine. It was a harmonious and an equitable agreement and a reasonable payment was made. Without attempting to make a pun, a water-tight arrangement was made as far as the legal elements were concerned. There could have been a repeat of the Derrynaflan case. We would have had the same legal embroilment were it not for the prompt action we took. I was very involved in that action and I would like to pay tribute to the officers of the State who carried out the negotiations. They are often criticised for reasons that may be the fault of their masters.

There will be other discoveries. With much more sophisticated search methods, licensed or unlicensed, we can expect many more discoveries in the years ahead. Archaeologists believe that other great discoveries like the ones I have mentioned, the Derrynaflan hoard and the Lough Kinale book shrine, will be made on a fairly regular basis in the years ahead. As sure as those discoveries are made the legal problems will follow unless we put these issues beyond all doubt through legislation such as this. A change in the Constitution is essential.

As I said, we should not wait for various cases to develop. We should take pre-emptive action and we should take the initiative in this case. The constitutional change I am talking about should have been sought by referendum on the same day as the referendum on the Single European Act. It could have been very simple. Much of the legal work has already been done in this respect. A referendum on this matter could have been held for an extra £50,000 on top of what the coming referendum will cost. We could put this matter to the people and I am sure the result would be an overwhelming 99.9 per cent "yes" vote to give the total and absolute right to recovered heritage treasures to the State. That opportunity is now gone. The Taoiseach and the Tánaiste clearly indicated that they believe it may be necessary to hold another referendum arising from the Supreme Court decision. I urge very strongly that that occasion be availed of to deal with the State's right to recovered treasures. I welcome this Bill as an interim measure, as described by the Minister. It is a significant advancement and it deserves the support of everyone within the House and outside it.

First, I wish to congratulate the Minister on bringing in the Bill and I wish him well in his new appointment. The Bill before us proposes to amend and extend the National Monuments Acts of 1930 and 1954 and to make further provision for the protection and preservation of national monuments. The items included in the Bill are long overdue, especially the measures dealing with the use and possession of detection devices such as metal detectors.

The Bill has excellent points: (a) provision for the protection and preservation of historic wrecks; (b) the establishment and maintenance of a register of historic monuments; (c) the setting up of a historic monuments council; and (d) penalties in the principal Act are increased and new penalties are to be introduced. Many of our national monuments have been damaged in the past few years. The use of electronic detection devices has created many problems. They have made it possible for amateurs to dig at random in places where there may or may not be articles of value from the past and tremendous damage has been done.

One issue has come to light from all this and that is that the control of these electronic devices is a must. This is well covered in the Bill. I welcome the provisions in the Bill with regard to increased fines.

Debate adjourned.
Top
Share