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

On amendment No. 60, the concept of prescribed monuments is a fundamental element of the Bill, and provides a major strengthening of the legal protection to archaeological sites, whereby such sites are protected without the need for formal designation or registration.

The use of the word “may” is intentional and is considered necessary from a drafting point of view. The use of the word “shall” could jeopardise the proposed system of prescribed monuments by way of an interpretation that every possible class of relevant thing must be prescribed. This could in turn lead to legal challenges, made on the basis that the Minister had not gone far enough in terms of the classes prescribed. It would not be possible to commence Part 2 of the Bill without introducing regulations for prescribed monuments and I assure the Deputies that work is already under way in that regard.

I also ask the Deputies to note the intention to publish draft prescribed monuments regulations for consideration by stakeholders and members of the public. For these reasons, the proposed amendment is not considered appropriate or necessary and, unfortunately, I am not in a position to accept it.

On amendment No. 62, under section 12, prescribed monuments will be a class of monument set out in regulations, to which general protection will immediately apply. Following discussions in the Seanad, I made a commitment to broaden the scope of what might be eligible to be considered for the purposes of prescribed monument regulations and that classes of prescribed monuments were not limited to archaeological interest only. Amendment No. 62 will achieve that aim by stating that prescribed monuments may be of archaeological interest or any other relevant interest, thus bringing architectural, cultural, and historical interest into scope.

Amendment No. 63 is a technical amendment to ensure that ordnance maps and other appropriate maps can be used for the purposes of listed criteria used to classify relevant things in the prescribed monument regulations.

I will speak to amendments Nos. 66 and 67. Section 13 of the Bill provides for the procedures that must be followed when the discovery of a prescribed monument is reported. Under section 13(6), an inspection of the site where the discovery is reported may need to take place. Following discussions with the Archaeological Survey of Ireland, amendment No. 66 intends to remove a site inspection requirement where a prescribed monument may have been discovered if there is a risk to the health or safety of a person responsible for carrying out such inspection.

Amendment No. 67 is introduced to make it explicitly clear that the general powers provided under section 188 to carry out inspections are also applicable in situations relating to reports of discoveries of monuments.