Passage of Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023 welcomed

The Minister of State with Responsibility for Heritage and Electoral Reform, Malcolm Noonan, has welcomed the completed passage of the Historic and Archaeological Heritage and Miscellaneous Provisions Bill, relating primarily to the protection of Ireland’s historic heritage through the Houses of the Oireachtas.

The Bill, once enacted, will replace the existing National Monuments Act 1930 to 2014, and other related legislation, and introduce a range of novel provisions designed to provide for the protection and conservation of Ireland’s historic heritage.

The Minister of State for Heritage and Electoral Reform, Malcolm Noonan, stated:

“As a nation, we are fortunate to have a plentiful supply of rich and unique historical heritage, both on land and under the sea. This Bill marks a significant and essential modernisation of existing laws that have protected Ireland’s valued heritage for almost a century. The protection that the provisions of this Bill will grant our historic heritage seeks not only to bolster our connection with the past, but will safeguard Irish heritage for future generations.”

Under the new legislation, finds of newly discovered archaeological sites will be protected, and existing sites and structures will be afforded greater legal protection. The legislation contains many innovative provisions, such as a single integrated licencing system, statutory codes of practice, and new civil enforcement powers to act as an alternative to, or to supplement criminal proceedings.

The legislation will also enable the State to ratify several important international conventions with respect to the protection of historic heritage, should the government decide to do so.

It builds extensively upon the existing legislative framework and significantly bolsters and broadens the measures currently in place that protect, and will enforce the protection of, our monuments and archaeological objects. Elements of the legislation also help to realise a number of actions set out in Heritage Ireland 2030, our national heritage plan.

Minister Noonan added:

“Ireland’s historic heritage is renowned internationally, and it is incumbent on us to protect this non-renewable resource. The passage of the Historic and Archaeological Heritage and Miscellaneous Provisions Bill through the Houses of the Oireachtas is a major achievement, as it will ensure that our historic heritage is afforded the most comprehensive and up-do-date legislative framework.”

Further information

The Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023 will repeal existing legislation with regard to Ireland’s archaeological and related heritage, and institute new provisions equipped to cater for the protection of historic heritage in a modern era.

The Bill will introduce the following innovative measures:

• newly discovered archaeological sites will be afforded immediate legal protection, mirroring the existing system for archaeological objects and historic wrecks that are automatically protected without a need for formal designation or registration
• for the first time, a statutory reporting scheme for finds of monuments will be introduced
• a new ‘Register of Monuments’ will be established, replacing several overlapping designation and registration systems currently in operation
• “World Heritage Property” will be defined for the first time in Irish legislation
• subject to certain exceptions, archaeological objects with no known owner will automatically become the property of the State
• the Bill provides the necessary provisions to allow for the ratification of two important international treaties, the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property, and the 1995 UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects
• the Bill enables the State ratify the 2001 UNESCO Convention on the Protection of the Underwater Cultural Heritage
• an integrated licensing system whereby one licence can authorise a range of activities will be introduced and, for the first time, a statutory appeals process will be established to review licensing decisions
• a new civil enforcement procedure can be used as an alternative to, or to supplement, criminal proceedings