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Dún Laoghaire-Rathdown Co. Co. / CRDS Ltd. Application for Ministerial Consent Island Slipway

List of Appendices Appendix 1: Recorded Archaeological Sites and Monuments Appendix 2: Archaeological Finds Appendix 3: Summary of National Monuments Legislation (2004)

List of Figures Figure 1: Site Location Figure 2: Site Layout Figure 3: Plan of the Proposed Development

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1. Introduction Dún Laoghaire Rathdown Council is seeking Ministerial consent for a programme of works to be carried on Dalkey Island, Co. (RMP no. DU023-029). The proposed project is being undertaken by CRDS Ltd, in collaboration with Dún Laoghaire Rathdown . It is envisaged that the project will run over a number of months.

The National Monuments (Amendment) Act 2004, section 14, (1) (b) requires Ministerial Consent to proceed with the proposed development (see Appendix 3).

2. Site location and Background Dalkey Island Pier, also known as the Boat Harbour, is located on the west coast of Dalkey Island off the Dun Laoghaire Rathdown Coastline. Dalkey Island is an uninhabited 22acre island some 300m east of Dalkey Village (see Figure 1). The stretch of water separating the island from the main land is known as Dalkey Sound.

The boat harbour landing consists of a narrow opening on the rocky foreshore, a short length of quay wall built on a large rocky outcrop fronted by a concrete slipway to the west. The pier and slip have been used by local and visiting leisure sailors for generations (see Figure 2). The project brief is to refurbish the existing landing to provide greater access to the Island based on the initial feasibility report dated January 2010 by Howley Hayes Architects and Michael Punch and Partners (see Figure 3).

3. Aims of the Archaeological Assessment The proposed area will be inspected by to identify any possible archaeology in advance of construction work commencing. A non disturbance underwater visual survey will be carried out along with a metal detecting survey (see attached methodology)

4. Description of Archaeological Team A team of marine archaeologists will undertake the dive work. Dive work will be conducted in accordance with the requirements for Diving at Work, Safety in Industry (Diving Operations) Regulations (), 1981 and 2010.

4.1 Logistics Logistical support will be provided by Dún Laoghaire Rathdown County Council and further back- up can be provided by CRDS Ltd. if necessary for additional personnel or equipment if required.

4.2 Finds and samples All archaeological finds and samples should be stabilized, bagged and recorded according to NMI guidelines. Conservation and specialist analysis will be undertaken by the persons named below if required. Finds, samples and excavation archive will be stored in the CRDS Ltd offices, UCD, until after the completion of the report. Finds will ultimately be housed in the NMI.

4.3 Conservation CRDS Ltd retain the services of a number of finds conservation specialists, including Ms Susannah Kelly of the Archaeology Dept, UCD.

4.4 Specialist CRDS Ltd retain the services of a number of specialists, including Ms Linda Fibiger (human bone), Headland Ltd. (soils) and Dr Stephen Mandal (stone – in house).

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4.5 Constraints Safety Hazards – The CRDS Ltd safety statement of practices will be complied with regard to trench depth and distances from existing structures.

4.6 Reporting A full report outlining background, methodology and results of the investigation, shall be forwarded to the NMS, NMI and to the Local Authority at the end of every season. When the programme is completed it shall be fully published, but it is envisaged that interim publications of both scholarly and popular nature shall appear at regular intervals. It is also intended to maintain and update a section on the IAFS website devoted to the research project.

5. Archaeological and Historical Background (Summary)

5.1 Prehistory The bank and ditch of a promontory fort (DU023-029001-) are discernible at the north-west end of the island. A cliff face extending from the north to the south of the promontory, divides its interior into two platforms (Leon 2005, 1). The lower or western platform overlooks the harbour and slipway while the upper or eastern platform is 2-3m higher and is more exposed. Excavations carried out by Liversage between 1956 and 1959 have uncovered extensive evidence for human activity, from the Mesolithic period onwards, within the area of the promontory fort. Two middens (DU023-029002-), containing material relating to the manufacture of stone tools and the collection of coastal resources such as shellfish, fish and birds were uncovered (Liversage 1968, 144). The lower and therefore earlier layers of the middens included ‘Bann flakes’ and other Larnian material representative of the Mesolithic period while the more recent layers includes material more typical of the Neolithic and Early Bronze Age.

Excavations on the island have also uncovered the remains of at least four Early Bronze Age burials (Corlett 1999, 113). It is possible that the island was used as a manufacturing site for metal objects dating the Bronze Age as a number of sherds of pottery and the remains of clay moulds and crucible fragments have been discovered. Scattered postholes may represent the remains of associated huts or shelters used (Liversage 1968).

5.2 Early Medieval Period Analysis of finds recovered from the promontory fort suggests that it was constructed during the early medieval period. Sherds of late-Roman and post-Roman imported pottery were uncovered beneath the enclosing bank. The use of the fort during this period is also apparent as imported pottery sherds were recovered from layers deposited after the construction of the enclosing bank (Doyle 1998, 90). The settlement produced the largest amount of imported pottery and glass known from any early medieval site in Ireland including amphorae from the eastern Mediterranean, E-ware jars and beakers possibly from western France, fine glass bowls and beakers possibly from the area around Bordeaux (Landscape Archaeology Research Group 2001, 1).

In the early medieval period Dalkey and adjoining areas of north Wicklow form part of the territory of the Uí Briúin Chualann . It may have been controlled by the Dál Messin Corb, a former royal family of Laigin who lost power and withdrew over the mountains to the coast (Smith 1996, 16). St. , who was patron of early medieval churches in Dalkey and on Dalkey Island, is identified with this family. Within the village a church dedicated to St. Begnet is located at Castle Street. The church (DU023-029003-) dedicated to St. Begnet on Dalkey Island may have functioned as a hermitage similar to those found on islands off the west coast of Ireland. The architectural features of the church including the large masonry lintel over the west doorway and the projecting antae are typical of an tenth to twelfth century date (Liversage 1968, 55). Two

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early medieval crosses are inscribed in outcropping bedrock on the island (DU023-029005- and DU023-029012-).

Excavations determined that the church was surrounded by a low wall and had an associated cemetery containing the remains of eleven burials (Corlett 1999, 125). The banks of an associated field system (DU023-029007-) are located to the northwest of the church site. During the construction of the on the island at the beginning of the 19 th century the church was altered for use as a dwelling by the addition of a fireplace and larger windows.

5.3 Late Medieval and Post-Medieval Period (c. AD 1170-1900) The was granted lands at Dalkey along with and Shankill during the medieval period and established an archiepiscopal manor there. The foundation date of the borough is unknown but there are references to the bailiff in 1257-63 suggesting it had been incorporated by that time (Bradley 1988, 132). An extent of the town in 1326 records 39 burgages (Smith 1996, 18). The town of Dalkey was fortified in the late medieval period.

The monument most commonly associated with the island, the Martello Tower (DU023-029009-), was constructed after 1803 in response to a renewal of hostilities between Britain and France. It is part of a line of defences constructed along the Irish coastline by British military authorities (O’Sullivan and Downey 2012, 46). It is strategically located on the highest point of the island commanding extensive views from Head in the north to Bray Head in the south. The tower is an exceptionally large example and would have contained a magazine on the ground floor and a platform for two 24-pounder guns on the roof. The associated battery (DU023-029001) is a low squat structure built into granite rock on the southern tip of the island. An adjacent accommodation block housed a garrison of one officer and 40 soldiers (Landscape Archaeology Research Group 2001, 4).

The tidal beach on the northwest shoreline provided a safe-landing place for boats in the past. Access was improved by the construction of a pier and breakwater during the nineteenth century (Doyle 1998, 89).

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References and Consultation

Ball, F E., 1902. A History of the County of Dublin (Part 1). Reprinted 1995 by the HSP Library, Dublin. Bennett, I. 2000 Excavations 1998: Summary Accounts of Archaeological Excavations in Ireland . Wordwell: Bray. Bradley, J., 1998. The medieval boroughs of Co. Dublin in Dublin and Beyond : Studies in honour of Patrick Healy, Wordwell, Bray. Bradley, J., No date. Urban archaeological survey of Dublin, Not Published. Corlett, C., 1999. Antiquities of old Rathdown . Wordwell, Bray. Crawford, H. S. 1913. A descriptive list of early Irish cross slabs and pillars in JRSAI Vol. 43, p. 167. Daly, J.F.M Curative Wells in old Dublin. DHR Vol XVII, No. 1, pp. 13-24. DeCourcey, J.W. 1996. The Liffey in Dublin, pp. 109-110. Eogan, G., 1965. A catalogue of Irish Bronze swords. Dublin. Eogan, G., 1983. Hoards of the Irish Later Bronze Age. Dublin. Eogan, G., 1994. The Accomplished Art, Gold and Gold working in Britain and Ireland during the Bronze Age. Dublin. Harbison, P. 1970. Guide to National Monuments, p. 71. Harbison, P., 1968. Catalogue of Irish Early Bronze Age associated finds containing copper or bronze. Proceedings of the Royal Irish Academy 67C, 35-91. Harbison, P., 1969a. The daggers and the halberds of the Early Bronze Age in Ireland. Prähitorische Bronzefunde, Abteilung VI, Band 1. C.H. Beck, Munich. Harbison, P., 1969b. The axes of the Early Bronze Age in Ireland. Prähitorische Bronzefunde, Abteilung IX, Band 1. C.H. Beck, Munich. Hayes, J. 1965 Manuscript Sources for the History of Irish Civilisation Vol. 8 . Hall & Co.: Boston. Hayes, J. 1970 Sources for the History of Irish Civilisation. Articles in Irish Periodicals Vol. 9 . Hall & Co.: Boston. Healy, P. 1975. Second report on Monuments and Sites of Archaeological Interest in . An Foras Forbatha Tearanta Vol2, pp. 1-19. Lewis, S., 1837. A topographical dictionary of Ireland , Volume 1. Liversage, G. 1968. Excavation at Dalkey Island, County Dublin. Proceedings of the Royal Irish Academy, LXVI C. Liversage, G.D. 1968. XXXXX. in PRIA pp. 62-63, 96-98, 99-104, 119-120, 132, 136, 172-174. O’Flanagan, F. M. 1941-2. Glimpses of Old Dalkey in Dublin Historical Record Vol. IV, No. 2. O’hEalidhe, P. 1973, Notes on the orientations…..In JRSAI Vol 103, pp. 51-64 O’Reilly, J. P. 1902-04, p. 196; Pearson, P., 1998. Between the Mountains and the Sea . O’Brien Press, Dublin. Raftery, B., 1983. A catalogue of Irish Iron Age antiquities. Marburg; 1983. Scantlebury, Rev. C. 1960. A tale of two Islands (Dalkey island and Inis Padraig) Vol XV, No. 4, pp. 122-128. Smith, C., 1996. Dalkey: Society and Economy in a small medieval Irish town . Irish Academic Publications, Dublin. Stout, G., and Stout, M., 1992. Patterns of the past: County Dublin 5000BC – 1000AD in Dublin City and County: From Prehistory to Present , Geography Publications, Dublin. Turner, K. 1983. If You Seek Monuments, pp. 32-33 Wakeman, W.F. 1890-91. Primitive Churches in County Dublin in JRSAI Vol21, pp. 697-702.

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Appendix 1

Recorded Archaeological Sites and Monuments

RMP No. DU023-029001- Townland Dalkey Island Site Type Promontory fort - coastal NGR 327701, 226466 Description Situated in the northwest corner of Dalkey Island. The site has very denuded banks and a silted up fosse caused by sheep. The northwest corner of Dalkey island is cut off by a deep fosse and external bank with small inner bank. Encloses an area (.25ha) which is roughly divided into 2 flat platforms. These defences were excavated by Liversage in 1957 (Proc RIA 1968, 99-104). The fosse has steep sides (width 5m, depth 2-2.4m). The shell produced around bones and iron slag. This provided material for the bank (width 8.5m, height 1.4m). (Compiled by G. Stout). Sources RMP

RMP No. DU023-029002- Townland Dalkey Island Site Type Midden NGR 327691, 226484 Description Excavations in the interior of the promontory fort at Dalkey island in mid 1950s revealed evidence of two large shell middens. The animal bone content included a high proportion of pig remains. Amongst the associated finds were polished stone axes, potsherds and limpet scoops. (Compiled by G. Stout 28/8/94) Sources RMP

RMP No. DU023-029003- Townland Dalkey Island Site Type Church NGR 327759, 226394 Description Situated at the north end of the island. Well preserved condition. This fine pre- Norman church stands at the north end of Dalkey Island. The walls stand to full height with steeply pitched gables. It is built of coursed granite masonry with larger boulders used in the lower portion of the building. Oblong in ground plan with side walls that extend beyond the end walls as antae. The height of the walls indicated that there may have been a loft or apartment above the church. Entered through a square-headed doorway with a massive lintel (door dimensions H 2.2m). Internal dimensions width 4.36m, length 6.96m. Single bellcote over west gable. Plain cross has been later inserted. Interior of church lit by plain opening which is original. There are two later openings at the east end of the south wall that are part of 19 th century alterations. The church had been re-used as a dwelling for the builders of the Martello tower on the island. Fireplace in the has been added at this time. Excavations in 1998 showed that the site had been altered in the Anglo-Norman period (PRIA 1968, 55). There are two cross inscribed rock outcrops to the west

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of the church. On the northeast facing rock scarp west of the church. One is a Greek cross in a circle (height 0.25m). There does not appear to be a circle around the second one (JRSAI 1973, 60-61; Wakeman in JRSAI 1891, 701-702). (Compiled by G. Stout 28/08/94). Sources RMP

RMP No. DU023-029004- Townland Dalkey Island Site Type Ritual site - holy well NGR 327687, 226376 Description Situated at the NW end of the island. This is a spring well, apparent at high tide level (O Danachair 1958, 83). There is a tradition that the water cures sore eyes (Wakeman 1891, 702). (Compiled by G Stout 28/8/94) (Reinstated duplicate record, file DU023- 030002-) Sources RMP

RMP No. DU023-029005- Townland Dalkey Island Site Type Cross-inscribed stone NGR 327750, 226393 Description This cross, cut on the rockface, was first recorded by Wakeman in 1891 and was included in Crawford’s lists of 1913. It is a Greek cross in incised outline with slightly expanding arms, within an irregular inscribed circle 70cm in diameter. The quadrants of a small poorly shaped incised circle occupy the angles of the cross-arms in each of which is a small sub-rectangular sinking. (Reinstated duplicate record, file DU023-030003-) Sources RMP

RMP No. DU023-029006- Townland Dalkey Island Site Type Burial ground NGR 327759, 226401 Description Reinstated duplicate record (See file DU023-031---- below) Sources RMP

RMP No. DU023-029007- Townland Dalkey Island Site Type Field system NGR 327762, 226388 Description Located at the northwest end of the island. The remains of the site are fragile, but can be traced on the ground. A series of field walls lie north, south and east of St. Begnet’s Church (DU023-030001-). They form a boundary around it and cut off the northwest originally cultivated part of the island from grazing animals which keep to the central and southern part of the island. The closest arrangement is a long bank oriented north-south which lies east of the promontory fort extending to a large area of rock east of St. Begnet’s Church, together with an east-west oriented bank running from the rock outcrop area westwards to the shoreline (Liversage in PRIA 1968, Appendix 9, 191-192). (Compiled by G. Stout 28-08-94). (Reinstated duplicate record, file DU023-031-- --)

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Sources RMP

RMP No. DU023-029009- Townland Dalkey Island Site Type Martello tower NGR 327788, 226272 Description Built on the highest point of the island on a granite outcrop along the south side. In excellent condition and accessible. Built on a rock outcrop of dressed granite masonry. Entrance in the north. Opens onto the mainland and the Martello tower at . There is a double string course on top. Roof intact, plinth around base, no machicolation survives above the entrance. Disused battery close by. (Compiled by G. Stout) (Reinstated duplicate record, file DU023-032----) Sources RMP; DeCourcy 1996, 109-110; Turner 1983, 93; Scantlebury 1960, 123; Wakeman 1891, 702; CUCAP AIB 38 (21/08/1963)

RMP No. DU023-029010- Townland Dalkey Island Site Type Redundant record NGR 0, 0 Description The Ordnance Survey map shows a megalithic tomb on Dalkey Island. This is an Ordnance Survey mistake. (Compiled by G. Stout 03/11/2006) Sources RMP

RMP No. DU023-029011- Townland Dalkey Island Site Type Battery NGR 327909, 226157 Description The shores of were protected by a battery locate on the south end of the island. The compound contains three gun emplacements facing northeast and south across Dalkey Sound. It contained a shot furnace and quarters for a garrison of 12 soldiers. (Compiled by G. Stout 22/07/2008) Sources RMP; DeCourcy 1996, 365.

RMP No. DU023-029012- Townland Dalkey Island Site Type Cross-inscribed stone NGR 327750, 226393 Description Located on rock face northwest of church ruin (DU023-029003-). It is a Greek cross incised with expanding arms. The quadrants of a small incised circle occupy the angles of the cross arms, in each of which there is a small sub- triangular sinking (Swords 2009, 108). (Compiled by G. Stout 25/02/2010). Sources RMP; Swords 2009, 108

RMP No. DU023-031---- Townland Dalkey Island

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Site Type Burials NGR 0,0 Description To north of church at north end of island. In 1958 excavations north of the church (DU023-030----) revealed 11 burials four of which belong to a regularly laid out graveyard. They were buried in reasonably deep graves, arms at their sides and oriented northeast-southwest. They were under the collapsed medieval roof and were probably medieval interments. No visible trace. (Compiled by G. Stout) Sources RMP

RMP No. DU023-040---- Townland Dalkey Island Site Type Cist NGR 0, 0 Description In ‘Tale of two islands’ Scantlebury makes referece to “kistvaens or stone graves, of rude workmanship and of great antiquity, containing human remains were found near the shore but there is no definite account of these finds”, probably they may have beent he graves of some ancient inhabitants of the Island (Warburton) Sources RMP; Scantlebury 1960, 122; O’Reilly 1902-04, 196; PRIA Vol. 24, 195-226; Warburton, Whitelaw and ; Lewis Vol. 1.

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Appendix 2

Archaeological Finds

The recorded archaeological finds in the vicinity of the site are listed below, all noted in the National Museum of Ireland files, , Dublin 2, in local journals, or in other published catalogues of prehistoric material: Raftery (1983), Eogan (1965; 1983; 1994), Harbison (1968; 1969a; 1969b) and the Irish Stone Axe Project Database.

List of Finds:

E46:1-10 Dalkey Island Flints and stones Waste flakes, artefacts, natural.

E46:20-24 Dalkey Island Miscellaneous potsherds Prehistoric

E46:25 Dalkey Island Miscellaneous bones

E46:26-30 Dalkey Island Miscellaneous potsherds Glazed.

E46:31 Dalkey Island Fragment of clay pipe

E46:32-33 Dalkey Island Fragments of glass Modern.

E46:34 Dalkey Island Sea and snail shells

E46:35-37 Dalkey Island Stone objects

E46:38-194 Dalkey Island Miscellaneous flints Waste flakes, blades and cores.

E46:195-259 Dalkey Island Miscellaneous flint artefacts Arrowheads, javelin-heads, knives and scrapers.

E46:260-262 Dalkey Island Flint cores

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E46: 263-273 Dalkey Island Miscellaneous polished stone axeheads and axehead chips

E46:274-275 Dalkey Island Bann Flakes

E46:276-278 Dalkey Island Miscellaneous stone flakes and cores

E46:279-294 Dalkey Island Miscellaneous stone objects Hones, rings, limpet scoops, slates

E46:295-398 Dalkey Island Miscellaneous prehistoric potsherds and fired clay

E46:399-462 Dalkey Island Miscellaneous potsherds Early Christian, Medieval and Post-Medieval

E46:463-468 Dalkey Island Fragments of modern delph

E46:469-470 Dalkey Island Miscellaneous Samian potsherds

E46:471-478 Dalkey Island Miscellaneous fragments of clay Disc, crucible, pipes.

E46:479-485 Dalkey Island Miscellaneous fragments of bronze Brooches, pins, wire.

E46:486-582 Dalkey Island Miscellaneous iron objects Nails, rivets, rods, horse shoe, slag.

E46:545 Dalkey Island Sherd of Arrentine Ware

E46:583-587 Dalkey Island Miscellaneous lead fragments

E46:588-603 Dalkey Island Miscellaneous bone and antler objects Pins, comb, perforated objects.

E46:604 Dalkey Island Fragment of resin

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E46:605-607 Dalkey Island Miscellaneous glass sherds

E46:608 Dalkey Island Potsherd Glazed.

E46:609-610 Dalkey Island Shells

E46:611-626 Dalkey Island Miscellaneous flints Waste flakes and cores.

E46:627-642 Dalkey Island Miscellaneous flint artefacts Arrowheads, javelin heads, Bann flakes and scrapers.

E46:643-644 Dalkey Island Chert flakes

E46:644-655 Dalkey Island Miscellaneous stone objects Axehead, quern, slates.

E46:656 Dalkey Island Fragmented jet bracelet

E46:657 Dalkey Island Potsherd Prehistoric.

E46:658-665 Dalkey Island Miscellaneous potsherds Early Christian and Medieval

E46:666-667 Dalkey Island Miscellaneous fragments of clay objects Crucible and clay pipe.

E46:668-672 Dalkey Island Miscellaneous fragments of bronze objects Ring pin, chain and coil.

E46:673-688 Dalkey Island Miscellaneous fragments of iron objects Ring pin, nails and slag.

E46:694-699 Dalkey Island

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Miscellaneous flints Waste flakes.

E46:700-715 Dalkey Island Miscellaneous flint artefacts

E46:716-722 Dalkey Island Miscellaneous fragments of stone objects Axehead, hone, corner stone, slates, bracelet.

E46:723-726 Dalkey Island Miscellaneous potsherds Prehistoric.

E46:727-761 Dalkey Island Miscellaneous potsherds Medieval.

E46:762 Dalkey Island Fragments of modern delph

E46:763-770 Dalkey Island Miscellaneous fragments of clay objects Tiles, clay pipes.

E46:771-800 Dalkey Island Miscellaneous fragments of iron objects Horse shoe, nails, rivets and slag.

E46:801 Dalkey Island Fragment of lead

E46:802 Dalkey Island Fragment of bone

E46:803 Dalkey Island Fragments of glass

E46:804-900 Dalkey Island Miscellaneous flints Waste flakes, blades and cores.

E46:901-1029 Dalkey Island Miscellaneous flints Waste flakes, blades and cores.

E46:1030 Dalkey Island Chert flakes

E46:1031-1100 Dalkey Island

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Miscellaneous flint artefacts Javelin-heads, scrapers.

E46:1101-1215 Dalkey Island 179 miscellaneous flint artefacts Javelin-heads and scraper, miscellaneous flints, cores and axeheads.

E46:1216-1251 Dalkey Island Miscellaneous stone objects Axeheads, polished beads, plaques, bracelet, limpet scoops and slates.

E46:1252-1256 Dalkey Island Miscellaneous fragments of stone Jet and lignite bracelets.

E46:1257-1300 Dalkey Island Miscellaneous potsherds Prehistoric.

E46:1301-1400 Dalkey Island Miscellaneous potsherds Prehistoric.

E46:1401-1485 Dalkey Island Miscellaneous potsherds Prehistoric.

E46:1486-1494 Dalkey Island Miscellaneous potsherds Early Christian and Medieval.

E46:1495-1510 Dalkey Island Miscellaneous fragments of clay objects Crucibles, tile moulds, pipe.

E46:1511-1522 Dalkey Island Miscellaneous fragments of copper and bronze objects Awls, wire, slag, coins.

E46:1523-1532 Dalkey Island Miscellaneous fragments of iron Rod, nails, slag and tuyere.

E46:1533-1534 Dalkey Island Miscellaneous lead objects

E46:1535-1542 Dalkey Island Miscellaneous bone and iron objects Points, pins, spearheads.

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E46:1543 Dalkey Island Miscellaneous glass fragments

E46:1544-1545 Dalkey Island Waste flakes

E46:1546-1557 Dalkey Island 12 flint and chert Blades and scrapers.

E46:1558-1561 Dalkey Island Miscellaneous stone objects Limpet scoops, slates, line-sinker.

E46:1562-1596 Dalkey Island Miscellaneous potsherds Prehistoric.

E46:1597-1612 Dalkey Island Miscellaneous potsherds Early Christian and Medieval

E46:1613-1614 Dalkey Island Miscellaneous clay fragments Crucible, clay pipe

E46: 1615-1616 Dalkey Island Miscellaneous bronze objects

E46: 1617-24 Dalkey Island Miscellaneous iron fragments Knife, nails, slag.

E46:1625-1628 Dalkey Island Miscellaneous bone fragments

E46: 1629-1631 Dalkey Island Miscellaneous glass sherds

E46: 1632 Dalkey Island Stone object

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Appendix 3

Summary of the National Monuments (Amendment) Act 2004

[2004.] National Monuments (Amendment) [No. 22. ] Act 2004. 5.—The Principal Act is amended by substituting the following sections for section 14: ‘‘Prohibition of 14.—(1) In respect of a national monument of injury to which the Minister or a local authority are the national owners or the guardians or in respect of which a monuments, etc. preservation order is in force, it shall not be lawful for any person to do any of the following things in relation to such national monument: (a) to demolish or remove it wholly or in part or to disfigure, deface, alter, or in any manner injure or interfere with it, or (b) to excavate, dig, plough or otherwise disturb the ground within, around, or in proximity to it, or (c) to renovate or restore it, or (d) to sell it or any part of it for exportation or to export it or any part of it, without the consent referred to in subsection (2) of this section or otherwise than in accordance with such consent. (2) (a) In respect of a national monument to which subsection (1) relates and at the discretion of the Minister, the Minister may grant consent in writing to the doing to such monument of one or more of the matters specified in paragraphs (a) to (d) of subsection (1) of this section (in this subsection referred to as the ‘carrying out of works’). (b) (i) The Minister shall consult in writing with the Director of the National Museum of Ireland before granting a consent under paragraph (a) of this subsection. (ii) The period for consultation under subparagraph (i) of this paragraph shall be not more than 14 days from the day the consultative process was commenced by the Minister or such other period as may, in any particular case, be agreed to between the Minister and the Director of the National Museum of Ireland. (c) A consent granted under paragraph ( a) of this subsection to the carrying out of works shall be subject to such conditions and restrictions as the Minister may determine and specify in the consent. (d) The Minister in exercising discretion under paragraph ( a) of this subsection is not restricted to archaeological considerations but is entitled to consider the public interest in allowing the carrying out of works notwithstanding that such works may involve— (i) injury to or interference with the national monument concerned, or (ii) the destruction in whole or in part of the national monument concerned.

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