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SELECT COMMITTEE on HERITAGE and the IRISH LANGUAGE debate -
Tuesday, 27 Feb 2001

Vol. 4 No. 1

Convention for the Protection of the Architectural Heritage of Europe.

Cuirim fáilte roimh an Aire nua. Tá súil agam go mbeidh sí ann le fada. I welcome Deputy Mary Coughlan, Minister of State at the Department of Arts, Heritage, Gaeltacht and the Islands, to her first meeting of this committee and wish her well. I also welcome her officials.

The purpose of today's meeting is to consider the removal of the reservation on Article 4 (2) (c) of the Convention for the Protection of the Architectural Heritage of Europe. The Minister of State will speak first, followed by statements from Opposition spokespersons.

Go raibh maith agat, a Chathaoirligh. Tá súil agam go mbeidh có-oibriú idir an coiste agus mé fhéin, bfhéidir ar feadh níos mó na bliain amháin, le cúnamh Dé.

I welcome the opportunity to discuss the withdrawal of the reservation to the Granada Convention. As indicated in the circulated papers, the proposal centres on the removal of the reservation by Ireland to Article 4 (2) (c) of the Convention for the Protection of the Architectural Heritage of Europe. This convention, known as the Granada Convention, lays down European standards for the protection of the architectural heritage and sets out a range of obligations which states parties undertake to implement. It is an important statement of this country's continuing commitment to the protection of architectural heritage.

The 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 architectural heritage in 1968. Ratification of the convention was approved by the Dáil on 12 December, 1996. Instruments of ratification were lodged with the Secretary General of the Council of Europe in Strasbourg on 20 January, 1997.

The main undertakings given by the contracting states are to ensure that the architectural heritage, i.e. monuments, groups of buildings and sites, is given adequate statutory protection and that inventories are maintained. That relates to articles 1, 2 and 3. They were to implement appropriate supervision and authorisation procedures, as required by law, prevent the disfigurement, dilapidation or demolition of protected properties and, if they have not already done so, to introduce legislation to prohibit the removal of protected monuments and provide financial assistance for maintaining and restoring the architectural heritage. They will also adopt integrated conservation policies, foster the use of protected properties, foster effective co-operation between various interested parties, establish machinery for the supply of information, consultation and co-operation, develop public awareness of the value of conservation, promote training in conservation skills and exchange information on conservation policies.

When Ireland ratified the convention in 1997, a declaration was made, as I have already pointed out, reserving the right not to comply with article 4 (2) (c). This obliged the parties to introduce legislation permitting public authorities to require the owner of a protected property to carry out work to such a property, or to carry out such work themselves if the owner failed to do so. The legal framework to do this was not in place at that time.

We are now in the happy position that the legal framework is in place, by virtue of the Local Government Planning and Development Act, 1999. The necessity for the reservation no longer exists. Sections 10, 11 and 20 of the Act provide the necessary basis to cover article 4 (2) (c). Section 10 enables a local authority to compel works to prevent a protected structure from becoming endangered. Section 11 enables a local authority to acquire a protected structure, or group of structures, to be restored. Section 20 enables a local authority to carry out the above works when the owner or occupier fails to do so.

My Department has facilitated implementation of the new statutory provision by holding a series of seminars for local authorities and the preparation of detailed guidelines for the operation of the new regime. I hope the committee will agree that it is a good development that we are able to signal to the Council of Europe that we are now in a position to comply fully with the Granada Convention. Accordingly, I hope the committee will look favourably on the motion to withdraw the reservation.

Does anybody else wish to comment?

Táimse annseo toisc go bhfuil an Teachta McGinley ana gnóthach ar son na tíre, thíos i gCill Áirne. Is maith an rud go bhfuil an dlí i bhfeidhm a thabharfaidh seans don airteagal 4 (2) (c) a bheith curtha i bhfeidhm. Accordingly, I see no reason for concern in relation to this motion. I trust that the matters which have been mentioned will be fulfilled.

I wish the Minister of State a very happy time in office, though not necessarily for as long as her colleague might wish her to be there.

I wish the new Minister of State many years in office.

Quite recently, a building had to be removed in Sligo, to allow the construction of a new road. Some such buildings are old and derelict and may have to be demolished if they are impeding progress. The building concerned in Sligo was not, in fact, a protected building, so it did not prevent the planned road from going ahead.

I am aware of the controversy attached to the mid-block route and the Sligo warehouse. As it was not a protected building, my Department was not officially involved.

But the local authority had to get the go-ahead from your Department?

No, it was from the Department of Environment and Local Government. The Minister for Arts, Heritage, Gaeltacht and Islands, Deputy Síle de Valera, made a recommendation to have the building protected but the local authority decided not to accept it and proceed with the demolition and the provision of the mid-block route.

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