Vol. 444 No. 5
22 Ms McManus asked the Minister for Arts, Culture and the Gaeltacht if he has received any report on the archaeological and historical significance of the 25 acre site surrounding St. Crispin's Cell, Rathdown, Greystones, County Wicklow; if so, if he will make the report available to the local planning authority; and if he will make a statement on the matter.
I am advised by the Office of Public Works that they received such a report from an archaeologist in accordance with the requirements of an excavation licence granted under the National Monuments Acts. It would be reasonable to expect such a report to accompany any future planning applications covering the area in question.
Will the Minister agree there is a difficulty with sites where there is clear evidence that local people are concerned about protecting and conserving them? It would be of immense value to local authorities to have the information that now rests with the Office of Public Works at an early stage? Wicklow County Council is the planning authority for the area and is responsible for making decisions on the conservation of heritage sites.
Will the Minister outline what is in this report? I understand there is evidence of a major ringfort on the site as well as the medieval remains already identified by local groups. In the interests of protecting our heritage and facilitating openness at this stage will the Minister make this report available to the local authority?
The Office of Public Works has had access to this report which is being prepared by experts. They — unusually I understand — have expressed a copyright interest in the report — I am trying to be of as much assistance to the Deputy as I can but I do not want to infringe an area which is a matter of legal dispute.
In responding to the question I explicitly said it would be reasonable for the local authority to seek and receive a copy of the report with any planning application for the site that the local authority might have to consider. As the Deputy said, Wicklow County Council is the planning authority so one would expect the officials of Wicklow County Council to seek a copy of the report accompanying any planning application.
Will the Minister outline the legal position on copyright? He said there is a dispute but surely there are legal regulations governing information? It is quite normal for a report such as this to be lodged with the Office of Public Works. Will the Minister outline the legal status of this report, the subject of copyright? Will he agree also that there are circumstances other than those which pertain to lodging a planning application where a planning authority would have no interest in knowing precisely what was on the land? Considerable work is being carried out on land adjoining that site and it would be of immense help to the planning authority to have the information.
My understanding is that in the case of planning permission Wicklow County Council in the first instance would be acting reasonably in seeking a copy of this report. The question that then arises is whether officials of Wicklow County Council have sought a copy of the report. That needs to be established.
What I said on legal matters is that I did not want to infringe on any legal matter. On the question of copywriting a report of this nature, I have said that I thought it unusual. It is a matter I have to investigate but, as the Deputy points out, it would seem that there is work to be completed at the level of the planning authority and Wicklow County Council in the first instance.
There is no planning application lodged with the local authority; there is this report which is of tremendous value to the local planning authority. Will the Minister enable the planning authority to have this information?
I am telling the Deputy to do her work in Wicklow County Council and then I will do mine. I have asked her to establish that there has been a request made by an official of Wicklow County Council for the report. I will then seek to assist her but I suggest that she establish that fact first.
I have established it. The answer is "yes".
