Mr. Seán Carpenter:

I thank the Senator for the questions. The issue around penalties is important. The end of the scale in terms of the five years and the €10 million fine relates to high-end offences, such as the demolition of a national monument. Under the current legislation, the same penalty applies so we are transferring that penalty over to the proposed framework. Many penalties established under the current national monument Acts have come about by way of different amending Acts over the years. This kind of revision and replacement of the original National Monuments Acts is useful because we can streamline it and have a coherent list of offences and penalties.

On the work being carried out to determine what the penalties are, we can look at the existing legislation and work with the Office of the Parliamentary Counsel and advisory council to ensure any penalties proposed are reasonable and proportionate.

On the question on the definition of "monument", it is defined under head 2. It means either a registered monument or a prescribed monument that has not been registered yet. When we talk about prescribed monuments, we have that concept of a relevant thing, which is broad, but there has to be an archaeological interest for it to be a prescribed monument. Prescribed monuments are those structures, sites etc. with an archaeological interest. The Minister will be empowered to make secondary legislation and prescribe what they are. We can afford a level of protection to them. That is what the core pillar of the Bill is about. It is about protecting and conserving monuments and archaeological heritage.

When we talk about registered monuments, we have the "relevant thing" concept again, the same definition, and then it is slightly broadened in terms of the "relevant interest" that is included. That refers to archaeological, architectural, artistic, historic etc. While in head 2 we do not have definitions for some of those terms, work is under way to specify what they will be. When we have draft legislation, we will be able to have a good discussion around whether they are adequate or not.

I ask Mr. MacDonagh to come in on the discussion around Mountjoy Square etc.