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

I will respond to all three amendments. I would like to note that the definition of history, as it stands, is one including certain specified matters. Therefore, under the general rules of statutory interpretation, it is not exclusive of any other matter that could be reasonably considered as coming within the scope of the term "history".

To set out an excessively lengthy list could indeed be detrimental to the scope of the definition, by increasing the chances that such a list could be argued to be all that the Oireachtas had intended to cover. For example, to specifically reference "ancient history" without also referencing medieval and modern history could be counterproductive, and in fact limit the scope of the term "history" as used in the legislation. To refer to "archaeological history" is simply an incorrect usage and may be seen by some as downgrading the status of archaeology under the legislation. While archaeology is, of course, closely related to history, it forms its own discipline and profession.

Accordingly, while I appreciate the intention of the Deputy to ensure that the term "history" has a sufficiently broad scope, I believe that the amendment is both unnecessary and potentially counterproductive and, with regret, I must therefore oppose it. As I have alluded to above, the use of the word "includes" in the current definition of "history" already provides for what is being sought by the addition of the words "but is not limited to". Unfortunately, I am not in a position to accept this amendment either.

Finally, the use of the word "and" as suggested in amendment No. 25 would not be acceptable from a drafting perspective. If accepted, it would mean that all the terms used to define "history" would need to be satisfied in order for the definition to be met. The use of the word "or" allows for any one of the terms listed to meet the definition entirely independently of each other. For this reason, unfortunately I cannot accept this amendment.