In the absence of one singular overarching legislation for culture, the Arts Act (2003) establishes the main legislative framework for cultural policy-making in Ireland. The Act defines the arts, sets out the role and functions of the Minister, local authorities and the Arts Council, and prescribes the membership and procedures of the latter. While the Act clearly establishes in legislation the autonomous role of the Arts Council in funding decisions, the strength of autonomy is somewhat compromised firstly by the provision that the Minister can appoint special committees to advise the Arts Council and secondly the provision of the overarching role of the Minister in policy matters. The previous Arts Acts of 1951 and 1973 stated that policy-making was the responsibility of the Arts Council. The 2003 Act defines a responsibility for local authorities to produce arts plans in line with other plans under Section 31 of the Local Government Act (1994) as well as defining the role of the Department of Culture, Arts, Tourism, Sport and Gaeltacht.
While it refers to other cultural areas as well, the Arts Act is first and foremost legislation for the arts. Other areas of cultural policy are provided for by a number of legislations. These other acts of legislations directly affecting culture are listed in the table below, followed by international legal instruments implemented by Ireland in the cultural field
Table 2a. Existing legislation affecting culture in Ireland
Title of the act | Year of adoption |
Public Libraries Act | 1947 |
Finance Act | 1969 |
Film Board Act | 1980 |
Local Government Act | 1994, 2001 |
National Cultural Institutions Act | 1997 |
Taxes Consolidation Act – Section 481, Section 195 | 1997 |
Copyright and Related Rights Act, Copyright and Other Intellectual Property Law Provisions Act | 2000, 2019 |
Heritage Fund Act | 2001 |
Heritage Act | 2018 |
Arts Act | 1951, 1973, 2003 |
Broadcasting (Funding) Act | 2003 |
The Official Languages Act | 2003 |
Planning and Development Act | 2003 |
National Monuments Act | 1930, 1994, 1954, 1987, 2004 |
Broadcasting Act | 2009 |
National Tourism Development Authority Act | 2003, 2011, 2016 |
Table 2b. International legal instruments implemented by Ireland in the cultural field
Title of the act | Year of adoption |
International Covenant on Economic, Social and Cultural Rights (ICESCR) | Signature: 1973 Ratified: 1989 |
Optional Protocol to the International Covenant on Economic, Social and Cultural Rights | Signature: 2012 Not ratified |
UN Convention on the Protection and Promotion of the Diversity of Cultural Expressions | Ratification: 2006 |
UN Convention concerning the Protection of the World Cultural and Natural Heritage | Ratification: 1991 |
Universal Copyright Convention | Signature: 1952 Ratified: 1958 |
Constitution of the United Nations Education, Scientific and Cultural Organisation (UNESCO) | Acceptance: 1961 |
UN Agreement on the Importation of Educational, Scientific and Cultural Materials | Acceptance: 1978 |
Convention for the Protection of Cultural Property in the Event of Armed Conflict | Signature: 1954 Ratified: 2018 |
European Agreement on the Protection of Television Broadcasts | Signature: 1960 Not ratified |
European Agreement Concerning Programme Exchanges by Means of Television Films | Signature: 1958 Ratified: 1958 |
European Convention on the Protection of Archaeological Heritage | Signature: 1992 Ratified: 1997 |
UN International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations | Signature: 1962 Ratified: 1979 |
European Convention on Cinematographic Co-Production | Signature: 2000 Ratified: 2000 |
European Landscape Convention | Signature: 2002 Ratification: 2002 |
Convention on Cybercrime | Signature: 2002 Not ratified |
Convention for the Safeguarding of the Intangible Cultural Heritage | Ratification: 2015 |
WIPO Berne Convention for the Protection of Literary and Artistic Works | Ratification: 1968 |
WIPO Copyright Treaty | Signature: 1997 Ratified: 2009 In force: 2010 |
Convention on Wetlands of International Importance Especially as Waterfowl Habitat | Ratification: 1984 |
Agreement on the Importation of Educational, Scientific and Cultural Materials | Accession: 1978 |
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