Dáil Éireann Debate, Tuesday - 25 July 2023
574. Deputy John Lahart asked the Minister for Housing, Local Government and Heritage what rules govern metal detecting and amateur metal detecting in Ireland; and if he will make a statement on the matter. [35809/23]
View answerSection 2 of the National Monuments (Amendment) Act 1987 prohibits both possession of a detection device on any monument or area protected under the National Monuments Acts 1930 to 2014, and use of a detection device anywhere else to search for archaeological objects, other than as permitted under a consent granted by me, as Minister for Housing, Local Government and Heritage. Any application made for such a consent will be considered on its merits, but it should be appreciated that I will, in deciding on any application, be concerned to ensure that the archaeological heritage is protected. This may result in applications being refused and it can be expected in any event that any consent granted would be subject to appropriate conditions and restrictions.
In addition to the above, it is of course essential that the permission of owners of land, whether private or public, be obtained before metal detecting take place. It should never be assumed that landowners are willing to allow metal detecting on their lands, and where the lands are owned by local authorities or other public bodies there may be bye-laws in force and these will have to be complied with. It would not be appropriate for me to comment on the enforcement by any local or public authority of its rights and duties as owner of any lands or of any bye-laws applicable to those lands
Any finds of archaeological objects made in any circumstances other than in the course of an archaeological excavation licensed under the National Monuments Acts must be reported within 96 hours to the National Museum of Ireland and may not be removed or interfered with other than to preserve it or keep them safe. Furthermore, any digging or excavating to uncover archaeological objects or other things of archaeological interest can only be done under and in accordance with an archaeological excavation licence issued by me as Minister. Because of this, care needs to be taken by persons engaging in metal detecting even where section 2 of the 1987 Act does not apply.
The responsibility to ensure compliance with applicable law, whether the National Monuments Acts or other law, rests at all times with any person engaging in metal detecting.
I consider that the restrictions imposed under the National Monuments Acts, as set out above, are reasonable, proportionate and necessary to secure the protection of our national archaeological heritage from serious loss and damage.
Any licence applications should be emailed to licensingsection@housing.gov.ie.
