Before Question Time I had given the background to this legislation and stated it was part of the corpus of legislation of which a number of Bills will form part. This legislation and the legislation for the National Museum and National Library, taken together, will provide a corpus of legislation which will bring the institutions into the modern world in terms of structure. It will also provide a comprehensive base in addressing such an important issue.
I have said also that in putting the National Heritage Council on a statutory basis, it was appropriate I thank the people who served on the council to date. I have already expressed my appreciation of the voluntary work of the members and those who assisted them. In particular, I thank Lord Killanin who worked long and hard for the council.
I outlined the meaning of the word "heritage" and its importance in my Department. I said there are particular bodies such as An Chomhairle Ealaíon, which deals with the arts, and Bord na Gaeilge, which deals with the Irish language and that we will now have An Comhairle Oidhreachta which will deal with matters of the physical heritage. I outlined also the functions of the National Heritage Council which were assigned to it in 1988.
The Bill proposes to replace the existing council with a statutory corporation with a broad range of functions in the heritage. The new council will also subsume the functions of the Wildlife Advisory Council, appointed under section 13 of the Wildlife Act 1976, and the functions of the Historic Monuments Council as provided for in the National Monuments (Amendment) Act 1987.
A new and important function which will also be given to the new council will be a special responsibility for buildings of architectural importance in public ownership.
No one will welcome this Bill more than the Chairman and members of the existing National Heritage Council. They have long been concerned with the council's lack of a statutory footing. This Bill will provide that statutory basis for the council's extended functions and will integrate the heritage advisory functions under one body. It will also strengthen the council's role in the protection of the architectural heritage by assigning a special role to it in relation to buildings of architectural and historic importance in public ownership.
It has been suggested that this provision should be extended to cover heritage buildings in private ownership and while I have some sympathy with this point of view, the problem of preserving our architectural heritage is too complex to deal with in this manner. I will, however, look at ways and means of improving statutory measures to protect the built heritage and I hope to introduce further legislation to deal with this issue.
There was a time when the presence of older buildings was often perceived as a barrier to progress and the task of their preservation deemed an unnecessary burden. The tenor of public opinion has, however, substantially changed and the preservation of our rich and varied built environment from medieval cathedrals to historic houses to vernacular buildings, is now seen as an integral part of protecting our cultural patrimony. It is our responsibility to improve the existing mechanisms to protect our heritage and ensure its survival for future generations. As part of this commitment to protect the built environment in an active way, we are preparing to ratify the European Convention for the Protection of Architectural Heritage which was signed in Granada in 1985.
The central purpose of this Bill is to establish a statutory council comprised of persons with an interest in and knowledge and experience of heritage matters over the broad range. The council will be entitled to establish its own committees in addition to those required under the provisions of the Bill and it will have the necessary staff and financial resources to enable it to carry out its functions.
I mentioned earlier that a new and important role will be assigned to the new statutory council in relation to buildings designated as heritage buildings under the Bill in the ownership of a public authority. An Chomhairle Oidhreachta will advise on buildings to be designated as heritage buildings and could effectively prevent — although I hoped such circumstances would not arise — a public authority from demolishing, altering significantly or disposing of a heritage building unless I agree, or where my agreement is not forthcoming, the Government agree with the plans of the public authority.
In addition, the Bill provides for the dissolution of the Historic Monuments Council and the Wildlife Advisory Council and the transfer of those advisory functions to An Chomhairle Oidhreachta. Section 4 provides for the repeal of the legal provisions establishing the Wildlife Advisory Council and the Historical Monuments Council. These physical heritage advisory functions will now be integrated under one body, An Chomhairle Oidhreachta.
Section 6 provides for the general duty of the council to propose policies and priorities in relation to the physical heritage and sets out a number of specific functions of the council, to promote interest in the heritage — which is important and will involve the co-operation of other Departments, particularly the Department of Education — and to co-operate with and co-ordinate the activities of State and public and private bodies in the area of the physical heritage. I appreciate the valuable work and promotion of responsible attitudes to heritage carried out by voluntary bodies.
Section 7 provides that the council may make recommendations to me, that they may make such recommendations public and requires that I respond to them within six months. Section 8 imposes a requirement on the council to respond to my requests for advice and information. Section 9 provides that I may, after consultation with the Government and with the approval of both Houses of the Oireachtas, confer additional functions on the council relating to the national heritage.
Section 10 is a special provision introduced to increase the protection of the State's built heritage by assigning an active role to An Chomhairle Oidhreachta. If the Heritage Council becomes aware of proposals affecting a building it considers to be of heritage value which is owned by the State, a statutory body or other State agency or local authority, it may advise that authority in relation to such proposals but there is no obligation on the authority to accept such advice. Under this section, buildings may be designated heritage buildings by me on the council's advice and the Department, statutory body, State agency or local authority would be required to notify An Chomhairle Oidhreachta of its proposals relating to such heritage buildings. They would be prevented from carrying out a proposal contrary to the council's advice without Government agreement, unless my agreement to such a proposal or to a modified from of it was obtained.
Section 11 empowers the council to advise and assist any persons on matters relating to the functions of the council including making financial assistance available. Section 15 sets out the circumstances as a consequence whereof the chairperson or any member of the council or committee of the council shall automatically cease to be a member of the council or committee, as the case may be. These circumstances include bankruptcy, imprisonment and failure to disclose a pecuniary or other beneficial interest in any transaction or dealings with the council.
Section 16 provides for the exclusion from membership of the council of Members of the Oireachtas and members of the European Parliament. Section 17 requires that members of the council or of a committee of it disclose to the council or committee, as the case may be, any pecuniary or other beneficial interest in, or material to, any matter which falls to be considered by the council or committee.
Section 18 provides for the council to employ its own staff, consultants or advisers. The council will be required to ensure that an adequate proportion of its staff will be competent in Irish so that service may be given through Irish as well as English. This section excludes from membership of the council staff, Members of either House of the Oireachtas and members of the European Parliament.
Section 19 provides for a declaration of interests in land by prescribed staff of the council or by any prescribed person whose services are availed of by the council. It also provides that failure to make such a declaration, or the making of a false or misleading declaration, shall be an offence carrying a maximum penalty on summary conviction of £1,000 and on conviction on indictment of £10,000.
Section 22 requires the council to submit a report in Irish and English to me within six months after the end of each year and provides that the council may publish the report.
Paragraphs 1, 2 and 3 of the Schedule provide for the appointment by me of the council consisting of a chairperson and not more than 16 ordinary members, for the period of office of such persons to be not more than five years and that such persons may not serve more than two consecutive terms; for a gender balance in the appointment of members of the council — Members will recall that when amending the broadcasting legislation and in the new regulations governing the appointment of the RTE Authority, I legislated for a gender balance —