Vol. 398 No. 1
14 Mr. J. Bruton asked the Taoiseach if the European Commission, as part of its programme for implementing the Single European Act, is preparing proposals for the free movement of works of art; and if so, if he will outline the information available to him on these proposals and on their implications for Ireland.
15 Mr. J. Bruton asked the Taoiseach if he will outline the progress that has been made since his reply to Parliamentary Question No. 6 of 5 December 1989, in examining the scope for legislation to curb the exportation of works of art; and if any consultations have taken place with EC authorities in regard to the consistency of any such legislation with EC requirements.
I propose to take Questions Nos. 14 and 15 together.
I presume the Deputy is referring to the completion of the Internal Market. The Commission's programme for the completion of the Internal Market does not currently include any proposal specifically related to free movement of works of art.
The effect of the completion of the Internal Market and the abolition of frontier controls on the movement of cultural goods is, however, under consideration by the Council of Ministers responsible for cultural affairs. Those discussions may enable the Commission to decide whether or not it wishes to make a proposal on the relationship between the Single Market and the protection of national, historical, artistic or archaeological treasures.
While the question is very complex, it should be noted that Article 34 of the Treaty of Rome provides that, in spite of the elimination of barriers to trade within the Community, prohibition or restrictions on imports and exports can be justified on grounds of the protection of national treasures possessing artistic, historic or archaeological value. This will still apply after 1992.
I have on a number of occasions, as have Deputies in this House, adverted to the possible constitutional difficulties of drafting legislation to control the export of works of art privately owned. These difficulties are still being examined.
Would the Taoiseach agree that it is impossible to control the trans-frontier movement of works of art without maintaining controls at frontiers? Would he agree further that, in large measure, the purpose of the Single European Act and the associated 1992 programme is the removal of those very frontier controls?
Yes.
How then would it be possible to implement such legislation? How could a Department enacting it implement it without such controls?
As I said, the Treaty of Rome will still apply as the basic law of the Community and that would enable the member states to impose a limited type of restrictions. How those restrictions would be implemented is another matter.
Has the Taoiseach considered giving public support at European level for the indexation of major works of art and the identification in a central location of such works so as to ensure there is an early warning system in operation in all member states to prevent, by mutually enforceable law, any attempt to sell works of art that may have been illegally exported from one member state to another or, more particularly, stolen in one member state in order to be sold in another?
This situation in all its aspects has been time and again reviewed and considered, but it is extremely complex. As I said on another occasion, the problem would be to decide whether an intervention one would make would do more harm than good.
When are you going to be able to make up your mind?
It is not a question of making my mind up.
In view of the fact that the heads of Bills for the control of the export of works of art were already in existence before the Fine Gael Government left office in 1987——
Which Government?
The Fine Gael Government were the last Government in 1987. In view of that fact and the fact that at every session since then——
Would the Deputy not be well advised to forget that fact?
In view of the fact that at every Dáil session since then the Taoiseach promised me across the House that he would introduce the Bill during that session, has he turned down the idea of introducing any legislation to control the export of works of art?
As the Deputy knows, major constitutional difficulties are involved in any such legislation. Secondly, I remain unconvinced whether any type of intervention that any Government would make would do more harm than good.
In other words no legislation?
I am not saying that.
In other words, he cannot make up his mind.
