The National Monuments (Amendment) Bill, 1993, makes wide-ranging and extensive proposals for amendments to the National Monuments Acts and introduces new types of controls to enhance the preservation and protection of archaeological objects and other physical manifestations of our heritage. In accordance with the Supreme Court decision in the case relating to the finding of the Derrynaflan hoard, the term "treasure trove" used in the National Monuments (Amendment) Act, 1930, is to be abolished. The definition of "archaeological object" in the National Monuments Act, 1930, will now subsume the separate reference to "treasure trove".
The Bill seeks to establish the State's right to ownership of all archaeological objects, with no known owner, found after enactment of the Bill to provide for the retention by the State of such objects, and to provide for the payment of rewards to the finders of archaeological objects.
Procedures for the reporting of the finding and initial preservation of archaeological objects are proposed to be updated and there will be new offences relating to the possession, sale or acquisition of unreported archaeological objects found in the State since 1930. At present the National Monuments Act, 1930, only requires the finder of an archaeological object to report the finding to the Director of the National Museum.
Other extensions to the protection of national monuments also being proposed are further deterrents to the unlawful use of metal detectors and other equipment at national monument sites and other types of archaeological sites, including the seizure and forfeiture of unauthorised detection devices or other equipment found being used at the site of a monument or other type of archaeological site. Enforcement will be assisted by a proposal to allow the Director of the National Museum or a designated person to accompany the gardaí acting on foot of a search warrant.
There is also a new provision envisaged for permitting on-site inspections and excavations relating to new finds to be carried out without impedence by the Director of the National Museum and a provision relating to the taking possession by the Director of the National Museum of archaeological objects with no known owner found after the enactment of the Bill.
Replacing longstanding administrative practice would be a statutory provision for the payment of a reward to a person finding an archaeological object as well as the owners and occupiers of the land. At present there is no specific existing statute law in relation to the payment of rewards but rewards have been given in respect of treasure trove.
There is also a proposed amendment relating to a provision in the National Monuments (Amendment) Act, 1987, regarding the acquisition either by agreement or compulsorily of national monuments by the Commissioners of Public Works. It is planned to extend the right of purchase to include rights, easements, titles and other interests in respect to the land or monument as well as easements over land giving access to or service for the monument in question. A comprehensive procedure which must be adhered to by the Commissioners when they propose to compulsorily acquire any monument or land is also proposed.
It is proposed to provide for the establishment by the Commissioners of Public Works of a list of all monuments and places where it believes monuments are located. This provision seeks to empower the Commissioners of Public Works to establish the record of monuments and places where monuments may be located and to create a map showing such monuments and places on a county by county basis. The main condition here is that an owner or occupier of a monument or a place so recorded would not be permitted to work on the monument or place unless he gives prior notice in writing to the Commissioners until two months have elapsed since givnig that notice.
Protection from the destruction or demolition of a national monument is envisaged in a provision which requires the consent of the Oireachtas to such destruction where it is contemplated for reasons other than those of archaeology, public health and safety. There will be severe penalties on conviction for the new offences created under the Bill. The maximum penalty for summary conviction will be £1,000 and-or 12 months imprisonment and on conviction on indictment £50,000 and-or five years imprisonment.
In addition to the Minister the following Deputies have tabled amendments to the Bill, Deputies Creed, Quill and McManus. Before we proceed it is proposed, subject to agreement, that we adjourn at 5.30 p.m. and resume at 11 a.m. on Thursday, 28 April 1994. Is that agreed? Agreed.