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

I move amendment No. 56:

In page 31, line 17, to delete “or 87(2)” and substitute “or (3)”.

This straightforward amendment to the definition of "authorised officer" seeks to remedy a drafting error. Section 87(2) is incorrectly referenced and should be replaced with section 87(3).

Amendment No. 87 is a consequential amendment that relates to amendment No. 70 and the switching of the order of section 14(3)(a) and section 14(3)(b), as already discussed. These paragraphs are being swapped so as to aid in the comprehensibility of the scope of relevant things eligible to be entered in the register of monuments.

Following discussion in the Seanad on this matter, I am proposing amendment No. 145 to make it clear that screening determinations for environmental impact assessments, EIAs, will be published on the Department’s website and such other forms as considered appropriate.

On amendment No. 178, section 46 provides that particulars entered in the register of monuments shall be registerable as a burden affecting land that is registered land within the meaning of the Registration of Title Act 1964. As currently drafted, the Property Registration Authority shall comply with an application to register a given monument as a burden affecting registered land. Amendment No. 178 replaces the Property Registration Authority with the recently established Tailte Éireann.

Amendment No. 185 is a technical amendment to provide that where the Minister or local authority has acquired or is proposing to acquire a registered monument, the Minister or local authority, as the case may be, may also acquire such area surrounding the monument necessary to perform the functions under Chapter 6, such as maintaining and presenting the monument. By removing the words "under this section", this provision will apply to monuments acquired under legislation such as the National Monuments Acts.

Amendment No. 232 provides for the insertion of a new subsection 99(7). This is a matter relating to consultation by the board of the National Museum of Ireland where it is intended to dispose of an archaeological object. I will discuss this matter in more detail when we come to amendment No. 233.

Similarly, amendment No. 244 is a technical amendment providing for amendment No. 245 that we are due to discuss in detail later.

Moving to amendment No. 246, section 148 lists activities not already provided for under the Bill that can only be carried out under and in accordance with a licence, such as archaeological excavation and archaeological monitoring. Amendment No. 246 inserts "immediate surroundings" into section 148(1)(e) so unauthorised possession of a detection device in, at, on, over, above, or within the immediate surroundings of a registered monument or a wreck 100 or more years old, will be an offence. This intends to benefit enforcement and strengthen the application of section 148(1)(e).

Amendments Nos. 255 and 256 are technical amendments to provide for subsequent amendments to section 152. Section 152 is another major addition to the legal mechanisms for ensuring works and activities regulated under the Bill are carried out to the appropriate standard. As currently drafted, this section enables the licensing authority to require an applicant for a licensable activity, or a person who will be acting on behalf of the applicant, to have her or his competence assessed through procedures set out in regulations. This is especially relevant to ensuring specialist activities such as archaeological excavation are only carried out by properly skilled practitioners.

This measure is to be strengthened so as to be applicable to persons who will be undertaking, for example, professional supervision of licensed works to a monument, even where such supervision is not, of itself, a licensable activity under the Bill. Clarity is also provided that the Minister, when setting out in regulations who will carry out the assessments of competence, can do so by reference to categories of persons who may carry out such assessments.

The purpose of amendment No. 272 is to make clear that any breach of a licensing requirement introduced by way of bye-laws made under the enacted Bill will be an offence. It is important to have this clarity so as to ensure that national monuments, being registered monuments owned by or in guardianship of the Minister or a local authority, can be effectively managed and the amenity they provide protected from forms of anti-social behaviour.

Under amendments Nos. 273 and 274, provision is also made to strengthen the scope for drawing inferences in prosecutions that a person knew or suspected that a monument was a relevant thing of relevant interest, or that a person knew or suspected that a historic wreck or underwater archaeological object was such a wreck.

Amendment No. 275 relates to section 175(18), and clarifies that the provisions of that subsection apply to prosecutions of alleged offences contrary to sections 27(1) and 30. These are the provisions relating to proposed works at monuments to which general and special protection applies. Section 175(18) is an important provision, which makes clear that it is not necessary to prove knowledge on the part of the accused that a relevant thing of relevant interest was a prescribed or registered monument at the time of the alleged offence and similarly in relation to whether the person alleged to have carried out works contrary to section 27(1) was also the person who proposed the works.

Section 215 permits the sharing of information between specified bodies for the protection and proper management of historic heritage. Amendment No. 286 is a technical amendment to provide for data sharing with Tailte Éireann. Finally, section 218 lists the ways in which a notice may be given to a person, such as delivering it in person or by registered post. Amendment No. 287 is a technical amendment providing that more than one way of notice can be given.