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Legislative Reviews

Dáil Éireann Debate, Wednesday - 13 May 2020

Wednesday, 13 May 2020

Ceisteanna (1323)

Eoin Ó Broin

Ceist:

1323. Deputy Eoin Ó Broin asked the Minister for Culture, Heritage and the Gaeltacht her views on the request by a society (details supplied) for reform of legislation in terms of the hobby of metal detecting particularly on gaining access to State lands and the issue of boundaries near archaeological sites and national monuments; and if she will make a statement on the matter. [4448/20]

Amharc ar fhreagra

Freagraí scríofa

The statutory provisions relating to the use or possession of detection devices for archaeological purposes, and in relation to discoveries of archaeological objects generally, are set out in the National Monuments Acts. While it is unlawful to be in possession of, or to use, a detection device on any monument site protected under those Acts without Ministerial consent under section 2 of the 1987 National Monuments (Amendment) Act, such consent is only otherwise needed where the device is being used for the express purpose of searching for archaeological objects.

I do want to emphasise, however, that unregulated and inappropriate use of metal detectors causes serious and irreparable damage to Ireland’s archaeological heritage. Unsupervised recovery of archaeological objects can greatly diminish, and could entirely eliminate, any research value that might be gained from a particular discovery. Archaeological objects must be excavated in a structured scientific manner, with careful recording of their association with other objects, structures, features and soil layers.

I believe that the Deputy would support me in wanting to retain a system where important cultural heritage material is subject to an appropriate protection regime, that archaeological objects found in the State belong to the people and are not liable to fall into private ownership, and that he would back the current statutory safeguards rather than seeking to introduce changes that would be inappropriate to the circumstances as they exist in Ireland.

I consider the present legislative framework, and the manner in which it is implemented, to be reasonable, proportionate and essential to preventing irreparable loss and damage to our national heritage. Therefore, I have no proposals at present to make any changes to the law as it applies to the use of metal detecting devices. However, my Department is in contact with the organisation referred to by the Deputy and will be responding to any proposals they have put forward.

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