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  1. An interpretation of Valetta from the Críoch Fuinidh (the final or remote country) Margaret Keane Senior Archaeologist National Monuments Service

  2. Early Legislators ( Retired Revolutionaries) 1916 Rebellion led by poets, writers, leaders of a movement of Celtic Revival stressing indigenous Irish culture 1930 National Monuments Act –Title of Act significant Recognition of heritage features as icons of common shared past (post war of independence 1919-21 and a bitter civil war 1922-23)

  3. “provisions of a measure of this kind should concern not merely the limited though happily daily increasing number of people interested in antiquarian learning and research but the nation as a whole “

  4. “the preservation of our monuments must be of some concern, not only to those inhabiting Ireland at present but to the Irish race spread all over the world, and as well as that, it is of interest to everybody who has any concern with the early development of European culture” Monuments associated with Early Irish Literature and folk traditions

  5. Extract from Belderrig: Céide Fields Neolithic Landscape “..To lift the lid of the peatAnd find this pupil dreamingOf neolithic wheat!When he stripped off blanket bogThe soft-piles centuries Fell open like a glib:There were the first plough-marks,The stone age fields, the tombCorbelled, turfed and chambered,Floored with dry turf-coomb. A landscape fossilized,Its stone wall patteringsRepeated before our eyesIn the stone walls of MayoBefore I turn to go He talked about persistance.. Belderrig, Seamus Heaney 1975 Maria Simmonds-Gooding Ancient Fort The intrinsic value of our heritage is rarely challenged in public

  6. Webb vs Ireland 1988 Article 5 Ireland is a sovereign, independent, democratic state. The Supreme Court held that because heritage is such a fundamental facet to the sovereignty of a State, as a consequence, the State should be entitled to items of historical importance where the owner cannot be identified. Found 1980 at Lurgoe, Derrynaflan Island County Tipperary part of a hoard of 5 objects dating to the 8th or 9th century A.D.

  7. Clashmelcon County Kerry 2012 Levelling of a ringfort and damage to a souterrain (Early Medieval Farmstead) Prosecution for failure to notify at Tralee Circuit Criminal Court €25,000 fine under Section 12 1994 Act, 2nd of March 2012 “ownership of property is a right” …“this right was not unfettered and was qualified by the fact that property was held in trust for the culture of the country” (Judge Carroll Moran)

  8. Pre-Valetta 1962-81 the state (NMI) carried out some extensive urban excavations WOOD QUAY, DUBLIN

  9. Departmental Policy Documents (1999) • Framework and Principles for the protection of the Archaeological Heritage • Policy and Guidelines on Archaeological Excavation

  10. Planning System The minister (National Monuments Service) is a statutory consultee on applications that may have an impact on archaeological monuments 2 Tier Planning System Local Authorities and ABP. ABP the single authority for development by the State and Strategic Infrastructural Development

  11. Section 32 ( c ) where it appears to the planning authority that the development would be unduly close to any cave, site, feature or other object of archaeological, geological, scientific or historical interest, or would detract from the appearance of any building of artistic, architectural or historical interest, or, in either case, would obstruct any scheme for improvement of the surroundings of or any means of access to any such place, object or structure C. 6000 referrals to NMS per annum 1994 Planning and Development Act Criteria for referral National Monument, Recorded Monument World Heritage Sites (or candidate sites) Wetlands, rivers lakes or inter-tidal zones Within or impinging upon the confines of a monument marked on an RMP map A site feature object or complex of archaeological interest The visual appreciation, setting and amenity of a Recorded Monument Large-scale development ( 2 hectares or more in area, linear development 1 km or more long) Quarry extensions and new quarries Where an Environmental Impact Statement has been prepared Any proposed Local Authority Developments that fall within any of the above categories or otherwise might impact uopon the built heritage

  12. Planning and Licensing Unit, NMS Makes recommendations to LA and regulates licensing Currently 6.6 staff equivalents (+6 Local Authority archaeologists) Archaeological assessment Pre-planning or Further Information Excavation where required as condition Monitoring with provision for excavation of identified archaeology as condition In instances where impacts are unacceptable refusal recommended

  13. Codes ofPractice with Infrastructural Providers Outline respective roles and responsibilities of the named body and the Minister Reflect State policy Based on an agreed set of principles Employment of in-house archaeological expertise or project archaeologists Road: NRA Rail: RPA Power Lines: Eirgrid and ESB Quarrying: Irish Concrete Federation Forestry: Coillte Gas Pipelines: Bord Gais Peatland Extraction: Bord Na Móna

  14. Benefits of in-house expertise In-house archaeological expertise allows for earlier consultations Pre-acquisition advice by Project Archaeologists Avoidance of previously known monuments becomes the norm with investigations targeting previously unknown monuments Project Archaeologists are both the on-site supervising authority and the client so payments can be staged allowing for higher levels of reporting recorded and for a wider more strategic dissemination of the results of work. NRA Publications

  15. Private Sector involvement Commercial Sector carrying out investigations on behalf of their clients The State Archaeological Service (NMS) does not involve itself directly in financial issues between archaeological consultants and their clients “Closer to Boston than Berlin” Flexibility of workforce – which can adroitly negotiate demand and supply more effectively than a state counterpart Collapse of the Celtic Tiger has had catastrophic effect on this sector Legacy issues in relation to reporting of results with the site archives controlled by companies who have dissolved or licencees who have emigrated

  16. What do Irish developers want from their consultants and the authorities? Clear pre-planning advice on how to avoid impacts on known material and quantification of risks of the previously unknown Timely responses to referrals of the results of assessment process Planning permission within a reasonable period, preferably without appeal to ABP (incurring longer time period for planning permission) Confidence in timescales and costs of excavation based on accurate test excavations and tendering process No surprises late in the day– minimization of risk

  17. Summary of National Policy Avoidance of known archaeology Preservation in situ (piling judged equivalent with proviso’s on density, type and layout) Minimization of Impact Excavation of what is to be destroyed by development work where meaningful preservation is situ isn’t feasible Excavation to take place prior to the commencement of construction works preferably, after all planning permissions have been granted. Resolution prior to grants of planning permission avoided usually There was no presumption that 100% excavation of sites threatened by development approved by planning authorities was not achievable

  18. Woodstown, County Waterford AVOIDANCE “There should always be a presumption in favour of avoiding developmental impacts on the archaeological heritage. “ NRA andACS Image NRA and ACS NRA Photo Airshots

  19. “Preservation in-situ must always be the first option to be considered rather than preservation by record in order to allow development to proceed, and preservation in-situ must also be presumed to be the preferred option.”

  20. “Thankfully, this important archaeological remnant of the city’s past is on public display, and you can visit the ruins of the hall in Flood Street. When you do so, remember that this was probably the first major building ever to be built in Galway. What you are seeing is the very beginnings of our great city.” De Burgo Hall at the Custom House Galway

  21. Cat and Mouse in the Courts for preservation in situ of Carrickmines Castle 2002 Occupation of the site by the “Carrickminders” seeking the ending of excavations to preserve portions of the castle affected by the approved road-works. Dominic Dunne and George Lucas –v- Dun Laoghaire Rathdown County Council (Supreme Court 24 February 2003) Plaintiffs applied for an injunction against defendants to prevent further removal of the castle as approved.Consent required

  22. Successful injunction against the state issued by the Supreme Court. Consent sought by LA. Consent Granted. Michael Mulcreevy –vs- The Minister for the Environment, Heritage and Local Government and Dun Laoghaire Rathdown County Council (Supreme Court 27 January 2004) State proceeded to revise the National Monuments Act introducing 2004 National Monuments Amendment Act July 18 2004 Excavations restarted August 16th 2004 August 18th 2004 Proceedings issued against state and local authority questioning whether the Act was in accordance with the Constitution and whether it required an EIA Dominic Dunne –v- The Minister for the Environment, Heritage and Local Government, Ireland, The Attorney General and Dun Laoghaire Rathdown County Council (High Court 7 September 2004) Plaintiffs lost action, Subsequently appealed to the Higher Court ( Supreme)

  23. 2006 according to the Supreme Court (on appeal of Dominic Dunne vs State) Section 8 of the National Monuments (Amendment) Act 2004 — "removes a bundle of protections" from national monuments, the five-judge court found the Oireachtas is not prohibited under the Constitution of Ireland from enacting such laws. Dialogue Faro discusses to deal equitably with situations where contradictory values are placed on the same cultural heritage by different communities  On 3 March 2011, the European Court of Justice (ECJ) found against Ireland (2) excluded demolition works from the scope of Irish legislation transposing the EIA Directive; The European Union (Environmental Impact Assessment of Proposed Demolition of National Monuments) Regulations 2012 (S.I. No. 249 of 2012)

  24. Activists, Protestors, Like-Minded Citizens? A Heritage Community consists of people who value specific aspects of the cultural heritage which they wish, within the framework of public action to sustain and transmit to future generations Faro Convention Definition

  25. 100% excavation : A matter of scale rather than resources per se? Density of monuments 70,273 sq km 140,000 individual known monuments – 2 identified monuments per sq km From linear developments (NRA) 1 new previously undiscovered monument per km

  26. Graph of numbers of Excavation Licences 1988-2013

  27. Quantities of Artefacts? No Palaeolithic No Roman colonisation Few Iron Age Settlement Sites (10 IA houses in SMR) Few ceramics IA Practically a-ceramic Early Medieval Period De-accession of finds to be agreed with the NMI Image : NMI Ireland

  28. What gives us confidence in our approach? The unexpected find – Ballymaclode, Waterford The unanticipated site type – Tullaghedy Tipperary The surprising monument location – Lisheen Tipperary The full story? Corlea 1, Longford and Bennetsbridge Kilkenny With complete recording of archaeological material re- interpretation is feasible How can we be sure that the site sample is a microcosm of the whole? In selecting portions of sites or site types to be excavated how do you escape bias?

  29. What happens to unselected deposits, structures and artefacts? What about “redundancy of results” or collecting repetitive data? Pride of place in Ireland - is the mundane object or ubiquitous monument of little significance in the local context? How do selection criteria square with FARO Article 5? (f) recognise the value of cultural heritage on territories under its jurisdiction, regardless of its origins. “My own response is that it’s not so much a question of which sites we investigate as of how we investigate any given site.” (Roger M Thomas Rethinking Development-led Archaeology 2010)

  30. Ballymaclode, County Waterford Images : Judith Carroll, Dave Pollock and Jo Moran FULACHTA FIA (BURNT MOUND)

  31. Tullaghedy County Tipperary

  32. Lisheen County Tipperary Image: IAC

  33. Hermitage County Limerick Image:Aegis Image:Aegis 1979 g of cremated bone representing a single adult possibly male 7530-7320 BC

  34. Bennetsbridge County Kilkenny NRA photograph Airshots

  35. Preservation through Education“Archaeology in the ClassroomIts About Time” 2005

  36. “Time in Transition”

  37. Data to Knowledge/Records to Understanding “..make recommendations to me on the research needs in the field of Irish archaeology. I am anxious for the Council to identify available synergies and examine the need for an overall national programme, as an input to my determination of an overall strategic plan for archaeological research.” (Minister for Environment, Heritage and Local Government January 2006) “Archaeology 2020: repositioning Irish Archaeology in the Knowledge Society” (UCD 2006) “A Framework for Irish Archaeological Research”(The Heritage Council 2006) “Archaeology in Ireland: a Vision for the Future” (Royal Irish Academy, 2007) “Rethinking Irish Archaeology: Old Ground, New Ideas” (Institute of Archaeologists of Ireland 2007) “A Review of Research Needs in Irish Archaeology” (Heritage Council 2007)

  38. Synthesis and Publication of Urban Excavations: Records to Understanding 1997Late Viking Age and Medieval Waterford. Excavations 1986-1992. Maurice F. Hurley, Orla M.B. Scully with Sarah W.J. McCutcheon 2003Excavations in Cork City 1984-2000. Cork: Cork City Council. RM Cleary, M. F. Hurley (Ed.).

  39. Established 2008 Funded by the NMS, administered by the Heritage Council Cross-Sector Collaboration 1. Cultural Identity, Territories & Boundaries 2. Environment & Climate Change 3. Landscapes & Settlement 37 Projects Palaeolithic to Medieval 100 reports available online 2008 €972,200 reducing to 2014 €70,000 Review 2010 by Sir Barry Cunliffe “INSTAR is a transformative programme which, if maintained and developed will put Irish archaeology at the cutting edge of the discipline in a world context. For a comparatively small financial investment the output in terms of new knowledge, new methodologies and the reputation of the discipline in Ireland have been massive.” INSTAR – Thematic archaeological research grant programme

  40. North/South Collaboration UCD/Queens University Academic, Regulatory Authorities and Private Sector Synthetic projects Policy projects Finalisation projects EMAP (Early Medieval Archaeology Programme) Image : Emap To examine history, character and results of Early Medieval Excavations in Ireland To publish – achieve date to knowledge transformation To foster training links between the academic and commercial sectors

  41. Dissemination – NMS at the Farm Shows

  42. Nothing is perfect even at the end of the rainbow! Image: Dominic Delaney and Ass.