Mr. Seán Kirwan:

What Mr. MacDonagh has said about the wider scope is correct. One of the gaps in the existing legislation is that before a preservation order is made, in addition to showing something is of national importance, the Minister must be satisfied that something is under a specific threat. The new legislation would assign a high level of protection and this would allow a more proactive approach, subject to resources being available to select sites and being appropriate in a particular case. Sites could be entered in the register and assigned the highest level of protection on a proactive basis well in advance of any particular issue emerging in regard to them. This would be significantly stronger than where we are at present. Not only does the Minister have to show or be of the opinion that something is of national importance at present, he or she must also take the view there is a specific threat to it. The new legislation will certainly allow a stronger and more proactive approach and clear up any doubt as to what can be included in the register and the wide scope of it.