Malcolm Noonan (Carlow-Kilkenny, Green Party) | Oireachtas source

I thank Senators for their valuable contributions. I will try to get through all the points raised in the time available to me.

I thank Senator Boyhan for his positive comments on the Bill. I acknowledge his presence this morning at the launch of the Heritage Council's strategic plan. It certainly was a positive event and there is no doubt the council has been a great custodian and promoter of our heritage. The plan will set it in good place to continue that work. We have increased the funding for the Heritage Council over the past few years to help it to realise its ambition. That is critically important.

Regarding the Senator's comments on the pre-legislative scrutiny process, we support the incorporation of the registration of monuments into development plans. The proposed amendment to the Planning and Development Act 2000 will ensure that happens. Local authority development plans and maps are the responsibility of individual councils, as the Senator is aware. It could be problematic to require all registered monuments to be included in the record of protected structures, with the associated obligation to maintain them. I note the point the Senator made in regard to Carrickmines Castle and the Faro Convention. He also mentioned the Valletta Convention. The provisions in this Bill and the changes to the planning law will see us fully implement that convention.

Senator Fitzpatrick raised her specialist subject, which is Moore Street in Dublin city. I thank her for her continued support for the development of the street. Senator Boyhan has likewise raised the issue of the buildings at Nos. 14 to 16 Moore Street. It is critically important that we move forward with the plans. My Department is providing €12.7 million in funding for the interpretation stage. Senator Fitzpatrick asks me consistently for updates. We are close to moving towards the design and interpretation stage. The site will remain a national monument under the new legislation, with clear duties on the Minister to maintain national monuments in his or her ownership.

Unfortunately, there is sometimes a requirement that capital works take place, whether road projects - the Minister of State might not be agreeable to them - interruption with archaeological sites or the need for an archaeological dig. put on record the wonderful publication the team in Transport Infrastructure Ireland produced in respect of my area of Moycullen, a lovely document called Moycullen Miscellany. Gerry O'Sullivan and the tI am seeking to give reassurance in that regard. It is painstakingly slow but Senators can rest assured that we are working in partnership with the OPW to ensure we move on site there to begin the interpretation, which will be incredibly exciting, for the redevelopment of Moore Street and the wider O’Connell Street area. As a fellow culchie who has moved up to Dublin in recent years, I love Dublin’s heritage. I know the community from Iveagh Markets is present. I love walking around Dublin in the evenings and getting to appreciate the heritage that is here. I recognise how important it is to protect, conserve and restore that heritage.

Senator Cummins raised the issue of funding. We have a community monuments fund. This has been raised on a number of queries regarding specific projects. We have ramped up that fund from €600,000 in 2020 to €6 million this year and we are expecting a barrage of applications to it. It is an amazingly positive fund that has been hugely oversubscribed and we are looking forward to the applications coming in. I reassure the Senator that the Bill will work alongside planning law but will not replace it. I note the points he made in respect of section 257 of the draft planning and development Bill 2022, which is currently undergoing pre-legislative scrutiny before the housing committee.

Senator Boylan raised a couple of issues relating to Moore Street and its surrounding area. Section 14 of the Bill provides that the area around a monument may be specified and protected if so doing secures the protection of the monument. The 1995 UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects sets out the rules in respect of the repatriation or return of stolen cultural objects. That convention will be adhered to in the Bill. The role of the OPW is detailed in the Bill. The Senator has raised the issue of Emo Court with me on several occasions. It is not relevant to the Bill but if she wishes to table a Commencement matter on the issue, I will be happy to respond.

I thank Senator Seery Kearney for her contribution. In particular, she referred to her community in Chapelizod and her involvement in the Iveagh Markets. It was fantastic to meet Lord Iveagh and the community outside the gates of Leinster House. I met with Owen Keegan before Christmas. There are ongoing conversations and we are moving in a positive direction. There are complexities in the matter and they are different from those relating to Kilmainham Mill, which I am delighted to see progress. I visited it last year with Owen Keegan and others. I am hopeful that we can make good progress. That is all I will say on the matter.

I thank Senator Murphy for his contribution, particularly in respect of Roscommon. I will be up in the county on Saturday and hope to see him there. He raised important points in respect of education and awareness. There are provisions within the Bill for research, promotion, knowledge and awareness of our historic heritage. It is important to note that incredible work is being done by educators throughout the country. I say that in light of the launch this morning of the strategic plan for the Heritage Council. It is happening in schools, at primary and secondary levels. I was in Knockbeg College and heard about the work the school is doing in respect of its heritage. There is the heritage in schools scheme and we are rolling out biodiversity officers. There is a significant amount of incredible work going on. The provisions in the Bill will help in that research and promotion element. I thank the Senator for his invitation to view some of the projects, although I will not get to them this week as I am due to visit a specific project in Roscommon.

On the point raised by Senator Kyne regarding the removal of word "monuments" from the Title of the Bill, that was done to try to reflect the broad scope of the Bill. The usage of the word "monuments" would have meant too narrow a definition. I note the point he makes, however. The terminology in the Bill, such as "relevant thing", is a result of legislative drafting and relates to codes of practice and guidelines. We will use much more common terminology when we get down to codes of practice and guidelines once the Bill is enacted. The usage of the phrase "relevant thing" is an oddity but it tries to encapsulate a much broader interpretation. Section 46 of the Bill provides for monuments to be registered as a burden affecting land. In the context of development works, the Department will work with the Property Registration Authority in terms of notification. The Senator makes a valid point in that regard.

I again thank all Senators for their important contributions. It is an important Bill. It revises and replaces the existing law in this area, which was forward-looking in its day but is now almost 100 years old. The Bill introduces a range of innovative measures and significantly advances the mechanisms and systems we use to protect our historic and archaeological heritage. It will bring clarity to ambiguous terminology and stabilise the legislative foundation upon which the maintenance and safeguarding of monuments relies. Key concepts, such as prescribed monuments and registered monuments, are introduced with corresponding levels of appropriate legal protection. Provision is made for the ratification of several international treaties should the Government decide to so do. Those treaties cover matters of global importance, such as the illegal trade of stolen cultural property and the protection of underwater cultural heritage. The Bill caters for improvements to licensing and consent systems, promotes regulatory reform and enhances procedural fairness, all while strengthening heritage protection.

Enforcement matters are a significant focus of the Bill. The enforcement notice regime is a major innovation that will introduce workable and robust civil enforcement powers to aid enforcement and help ensure compliance with the legislation without the need for criminal proceedings.

I again thank Senators for their constructive contributions. I also thank the Oireachtas joint committee for its pre-legislative scrutiny of the Bill. We are at an exciting place for the Bill and I look forward to continuing discussions on Committee Stage.