Oireachtas Joint and Select Committees

Thursday, 29 June 2023

Select Committee on Housing, Planning and Local Government

Historic and Archaeological Heritage Bill 2023: Committee Stage

Photo of Eoin Ó BroinEoin Ó Broin (Dublin Mid West, Sinn Fein) | Oireachtas source

On amendment No. 192, the State not only can override the rights of private property interests but does it all the time. The Constitution makes explicit provision for it on the grounds of natural justice and the common good. We also have a whole raft of legislation which, in very specific circumstances and for very appropriate reasons, ensures the State can intervene and significantly restrict, regulate or require private property owners to act in ways that are in the national interest, for the common good and according to the principles of natural justice. It is just not the case, therefore, that the State cannot do this, as was said. If the State does not want to do this, that is fine. I think this would be a much more upfront argument to make. We in the Opposition and the Government regularly pass legislation that significantly restricts or places significant obligations on private property owners and private landowners, etc. It is not the case that this cannot be done, but that the choice has been made not to do it in this legislation.

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