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

Again, I think that it is unnecessary, first of all, to be prescriptive in listing these. I do not think there is a need for it. It could exclude other elements. I know Deputy Ó Broin has mentioned the phrase "not limited to", but we do not see the necessity to have a list of that length in the Bill, given that the Bill itself is already broad in scope in its recognition of history.

I note the point Deputy Ó Broin is making with regard to archaeological history. The distinction that exists between archaeology and archaeological history is quite clear, and there is no doubt that the more one puts in the list, the stronger the case could be made in court that it is an exclusive list. That is the challenge. If we were to use a prescriptive list and say "but is not limited to", it could be challenged by stating it is actually an exclusive list because these items are prescriptive in the legislation. We do not see the need for it, and that is basically it.