andMr. Donnellan asked the Minister for Finance why either the lodgement in the National Museum of all objects found or some alternative safeguard as to their preservation within the State is not amongst the conditions imposed in respect of each grant of public funds towards archaeological excavations.

I am advised that the owner of land which is archaeologically excavated is entitled to any objects found, other than treasure trove. I have accordingly no statutory function in relation to the custody or conservation of such objects.

Does the Minister agree that the question relates to the granting of public money? The Minister has a function in relation to the granting of public money and I should like to know why he would not impose a condition in relation to the granting of that public money?

They belong to the man on whose land they are found.

Would the Deputy mind repeating his question to me?

The Minister has stated that he does not have responsibility in relation to objects found on land and I accept that under present law he does not but would the Minister not agree that he has a responsibility in relation to the granting of public moneys for excavation? Would the Minister agree that it is open to him to get a prior condition for the acceptance of public moneys that an agreement be obtained from the land owner as to the disposal of any objects found? Will the Minister not seek such an agreement in future before any moneys are paid out?

The Chief State Solicitor, in the course of advice given on 29 October 1977 stated:

The legal position would appear to be that where chattels, other than treasure trove, that is, any gold or silver in coin, plate or bullion, are found on private property, the owner of the property, and not the finder, whether he is a servant of such owner or a stranger is entitled to them, and can maintain an action for their possession.

That is not answering the question I asked. I asked the Minister why he does not make it a condition precedent to the granting of public money that the agreement of the owner be obtained in advance?

I have given the Deputy the legal position.

Why does the Minister not seek such an agreement and, in the event of not getting it, refuse the grant?

The grant is given to the archaeologist.

Can the Minister of State not answer for himself? Archaeologists cannot carry out excavations without the permission of the land owners and it is open to the Minister to seek the agreement of the land owners and the archaeologists before any public moneys are paid out.

The land owner must be pursuaded to allow an archaeologist in in the first instance.

Excavation should not be permitted unless the permission is obtained.

We want the excavation.

But the Minister does not want the treasure for the nation.

There is no point in permitting excavations if the stuff is lost.

24.