I move:
That Dáil Éireann approves the terms of the Convention for the Protection of the Architectural — Heritage of Europe done at Granada on 3 October, 1985, a copy of which was laid before Dáil Éireann on the 25th day of September, 1996.
Tá áthas orm an deis seo a bheith agam an coinbhinsiún seo a thabhairt faoi bhráid na Dála. I mí Mheán Fómhair seo caite, mar fhreagra ar Cheist Pharlaiminte ón Teachta Eoin Ryan, dúirt mé go raibh mé tar éis údarás a fháil ón Rialtas rún a chur os comhair na Dála ag glacadh le téarmaí an choinbhinsiúin. Dúirt mé freisin go mbeadh an tAire Gnóthaí Eachtracha ag déanamh ullmhúcháin, chun an Coinbhinsiún a cheangail, faoi réir aontú na Dála, don rún a bheadh á mholadh agamsa. Tá rún den chineál sin á mholadh agam anois agus táim ag tnúth le tacaíocht a fháil dó ó Chomhaltaí an Tí seo.
The convention, known as the Granada Convention, is one of the results of work on the co-ordination of policies on the protection of the architectural heritage which has been under way in the Council of Europe since the first European conference of Ministers responsible for the architectural heritage in 1968. It was opened for signature in Granada, Spain, on 3 October 1985, when it was signed by Ireland, and as of 1 December 1996 has been signed by 29 of the 40 member states of the Council of Europe. Of these, 23 have ratified the convention. In addition, one non-member state, Bosnia-Herzegovina, has acceded to the convention. The convention entered into force on 1 December 1987.
On many occasions over the past year, we have discussed in this House the importance of conserving our architectural heritage for the present as well as for future generations. It has been agreed on all sides that our built environment is a cultural resource developing over time and we achieve much of the understanding of our predecessors from the buildings we inherit. Similarly, future generations will see the values of our society reflected in what we conserve from the past and which we build today.
The ratification of the Granada Convention at this time is an important statement of our continuing commitment to the protection of the architectural heritage. The convention provides member states with a means of proclaiming common principles for the protection of the architectural heritage of Europe. It seeks to lay down European standards for the protection of the heritage and to set out a range of obligations which signatories undertake to implement. These obligations relate to the identification of properties to be protected, the implementation of statutory protection procedures and the acceptance of responsibilities in a European context for the co-ordination of conservation policies. The formal purpose of today's debate is to comply with Article 29 of the Constitution which requires Dáil approval to international conventions which involve a charge on public funds.
The main undertakings to be given by states ratifying or acceding to the convention are: to ensure that the architectural heritage, which is defined as monuments, groups of buildings and sites, is given adequate statutory protection and that inventories are maintained; to implement appropriate supervision and authorisation procedures as required by the legal protection of the properties in question; to prevent the disfigurement, dilapidation or demolition of protected properties and, if they have not already done so, introduce legislation (a) requiring the submission to a competent authority of schemes for the demolition or alternation of protected monuments or buildings, the erection of new buildings or alterations impairing the character of sites, (b) permitting public authorities to require the owner of a protected property to carry out work or to carry out such work themselves if the owner fails to do so — as provided for under the convention, it is proposed to enter a reservation in respect of this provision — I will be returning to this matter later in my speech, and (c) allowing the compulsory purchase of protected properties; to prohibit the removal of protected monuments, except where the safeguarding of the monument makes its removal imperative; to provide financial support for maintaining and restoring the architectural heritage within the limits of the budgets available and use fiscal measures to facilitate the conservation of the architectural heritage; to ensure that infringements of the law protecting the architectural heritage are met with a relevant and adequate response by the competent authority; to adopt integrated conservation policies which (a) include the protection of the architectural heritage as an essential part of the planning process, (b) promote programmes for the restoration and maintenance of the architectural heritage, to make conservation, promotion and enhancement of the architectural heritage a major feature of cultural, environmental and planning policies; to facilitate, when possible, in the planning process the conservation of buildings whose intrinsic importance would not warrant protection but which are of interest because of their setting; to foster the application and development of traditional skills and materials; to foster the use of protected properties to meet contemporary needs — the re-use of properties with tradition and spirit — and the adaptation where appropriate of old buildings for new uses; to ensure that the consequences of permitting public access to protected properties, especially any structural development, do not adversely affect the architectural and historical character of such properties and their surroundings; to facilitate the implementation of conservation policies and foster effective co-operation between conservation, cultural, environmental and planning activities; to establish in the decision-making process machinery for the supply of information, consultation and co-operation between the State, local authorities, cultural institutions, associations and, most importantly, the public, and foster the development of sponsorship and non profit-making associations; to develop public awareness of the value of conserving the architectural heritage, which may be its best protection; to promote training in architectural heritage conservation skills; to exchange information on their conservation policies, when necessary, to afford mutual technical assistance in the form of exchanges of experience and experts; and to encourage exchanges of specialists in architectural heritage conservation, including those responsible for training.
The convention also provides that a committee of experts will monitor the application of the convention and report periodically to the Committee of Ministers of the Council of Europe, and that the EU, or any state not a member of the Council of Europe, may be invited to accede to the convention.
I am satisfied that, subject to a reservation being entered in respect of Article 4.2c, existing legislation and practice is adequate to give full effect to all of the obligations the convention will impose on the State on ratification.
Article 4.2c obliges parties to the convention to introduce, if they have not already done so, legislation permitting public authorities to require the owner of a protected property to work on such a property or to do such work themselves if the owner fails to do so. However, Article 25 of the convention permits any state, when signing, ratifying or acceding to the convention, to declare that it reserves the right not to comply with the provisions of Article 4.2c. As of 1 December 1996 two states, the Netherlands and the United Kingdom, have entered such a reservation when ratifying the convention. It is proposed to enter a reservation in respect of Article 4.2c, as public authorities do not currently have such powers, and the legal and financial implications of introducing powers enabling public authorities to require the owner of a protected property to work on the property, or to do such work themselves if the owner fails to do so, will require careful consideration. In this regard it should be noted, and it is relevant, that this matter has been examined by an interdepartmental working group on strengthening the protection of the architectural heritage, which has recommended in its report, to which I will refer further later, that such powers be introduced. The Minister for the Environment and I are considering the report of the working group with a view to bringing forward to Government a package of proposals based on the report's recommendations and taking account of any observations received on those recommendations. I hope to be in a position in the future to withdraw the Article 4.2c reservation. As an indication of our commitment to the protection of our architectural heritage it is important that, subject to entering a reservation in respect of Article 4.2c, Ireland ratifies the convention without delay.
The policy agreement for Government entitled A Government of Renewal contains a number of commitments in the heritage area. Many of these have already been achieved during the past year and a half, most notably the establishment of the Heritage Council on a statutory basis in 1995 and the completion of the transfer of the heritage services to my Department this year.
Another commitment is to improve the legislative system for the preservation of the architectural heritage and to put in place a system of related financial support. In this regard I welcome the report of the interdepartmental working group entitled Strengthening the Protection of the Architectural Heritage, to which I referred earlier and which I laid before this House on 25 September. The 64 recommendations in this report span a wide range of issues. Acknowledging the existing listing system as part of the planning process, the working group recommends that this be built upon by addressing legislative and administrative weaknesses which currently exist. The report proposes that “listing” should remain a responsibility of planning authorities but that it should become a mandatory statutory function supported by a centralised co-ordinating and advisory service. There is a range of recommendations relating to the process of listing and the future control of development in relation to listed buildings.
Both my colleague, the Minister for the Environment and I, are considering this report with a view to bringing forward to Government a package of proposals based on its recommendations and taking account of any observations received on those recommendations. Improving the protection of the architectural heritage is an ongoing process and such a package of proposals would be entirely in keeping with the spirit of the convention. I recognise that the implementation of such proposals will have considerable resource implications. However, the commitment of resources is desirable both on the grounds of the improved protection which will be afforded to the architectural heritage and the resulting tourism and employment benefits which will accrue to the economy.
I welcome also the financial support for the conservation of the built environment allocated under the sub-programme for urban and village renewal of the EU co-funded Operational Programme for Local Urban and Rural Development, 1994-99, administered by the Department of the Environment. In particular I welcome the recent publication by the Department of the Environment of a comprehensive set of guidelines on building conservation which were launched by my colleague, Deputy McManus, Minister of State at the Department of the Environment with responsibility for housing and urban renewal. The production of these guidelines was co-ordinated by the Irish Georgian Society and overseen by the Conservation Advisory Panel established to advise on the architectural conservation aspects of the operational programme. It is encouraging to see the broad consensus which has developed in the protection of our architectural heritage and which, I am delighted to say, is reflected in this House.
Mar fhocal scoir, agus ag tagairt arís don rún atá é phlé anois, ba mhaith liom a dhearbhú arís go bhfuil an rún ag teacht os comhair an Tí seo de bharr riachtanais Airteagal 29, fo-Airteagal 5.2, den Bhunreacht, a deireann nach mbeidh chonradh idirnáisiúnta a chuirfeadh costas ar an gciste poiblí ina cheangal ar an Stát mura dtoileoidh Dáil Éireann le téarmaí an chonartha sin. Molaim an rún don Teach.