Oireachtas Joint and Select Committees
Thursday, 27 January 2022
Joint Oireachtas Committee on Housing, Planning and Local Government
General Scheme of the Monuments and Archaeological Heritage Bill: Department of Housing, Local Government and Heritage
Mr. Seán Carpenter:
In terms of enforcement, one of the innovative provisions that has been proposed is to add an extra string to the bow. Under the current legislative framework, the only option we have in pursuing offences and contraventions of the National Monuments Acts is to bring criminal proceedings. Under the Bill as proposed, we will keep the option of criminal proceedings but there is also a concept of enforcement notices or civil enforcement proceedings that will be available. For more minor offences that might not necessarily warrant bringing a case to court, there will be an option to just issue an enforcement notice. Generally, that would set out a list of directions or steps that would require the person to take some kind of remedial actions. If nothing is done, we can go to the court and it can issue an order to enforce. Obviously, there will be the option for the person who is the subject of the enforcement notice to go to the courts if the person thinks it has been issued incorrectly or is seeking for it to be cancelled. There are good changes being proposed that will add another string to the bow when it comes to enforcing the proposed Bill.
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