Dáil Éireann Debate, Tuesday - 5 March 2024
381. Deputy Jim O'Callaghan asked the Minister for Housing, Local Government and Heritage if he is taking action to discourage private ownership of archaeological objects; for example, through the development of up-to-date standards on heritage protection; and if he will make a statement on the matter. [9939/24]
View answerUnder section 2 of the National Monuments (Amendment) Act 1994 archaeological objects found in the State since that Act came into force and which have no known owner are the property of the State.
This provision was enacted in line with principles set out in the case of Webb v. Ireland relating to the Derrynaflan chalice and related objects.
This principle is not only being carried forward and strengthened in the recently enacted Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023, but is being supplemented in that Act by provision which will enable Court orders to be sought declaring State ownership of archaeological objects found between the foundation of the State in 1922 and the coming into force of the Act of 1994 and provisions enabling compulsory acquisition (on payment of appropriate compensation) of privately owned archaeological objects not coming within the provisions providing for State ownership.
These provisions ensure that the vast majority of finds of archaeological objects are State property and that the State can act to secure privately owned archaeological objects without acting contrary to Constitutionally guaranteed property rights.
