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Dáil Éireann debate -
Wednesday, 24 Feb 1999

Vol. 501 No. 1

Written Answers. - National Monuments.

Brian O'Shea

Question:

162 Mr. O'Shea asked the Minister for Arts, Heritage, Gaeltacht and the Islands the effect of a national monuments preservation order; and if she will make a statement on the matter. [5467/99]

The object of a preservation order is to safeguard a monument, which is considered to be a national monument, and which is in danger of being or is actually being destroyed, injured, or removed, or is falling into decay through neglect. The effect of a preservation order is that it shall not be lawful for any person to demolish or remove wholly or in part or to disfigure, deface, alter or in any manner injure or interfere with any such national monument; to excavate, dig, plough, or otherwise disturb the ground within, around or in proximity to any such national monument without the written consent of the Minister for Arts, Heritage, Gaeltacht and the Islands. It shall not be lawful to sell for exportation or to export any such national monument or any part thereof.

The statutory basis for preservation orders is contained in section 8 of the National Monuments Act, 1930, and section 3 of the National Monuments (Amendment ) Act, 1954. There is provision in section 4 of the 1954 Act for temporary preservation orders, which remain in force for a period of six months, and which can be made where I, as Minister, consider a national monument to be in immediate danger of injury or destruction. By virtue of a preservation order, any person found injuring the monument or interfering with it is liable on conviction to heavy penalties, as set out in section 17 of the National Monuments (Amendment) Act, 1987.

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