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

I do not intend to extend consultation requirements beyond what has been introduced following the pre-legislative scrutiny recommendations and the additional amendments I will be moving later. Under the Heritage Act 1995, the Heritage Council is the independent statutory body established to propose policies and priorities for the protection, preservation and enhancement of monuments and archaeological objects. Section 6(2) of that Act goes as far as to state explicitly that references to the national monuments advisory council are be construed as references to the Heritage Council. That was clearly the will of the Oireachtas at the time. This should continue to be the case. Several amendments have been made to this Bill so that mandatory consultation with the Heritage Council will be required for matters of particular importance. If the Minister of the day intends to deregister a monument, he or she will first have to consult with the Heritage Council and have regard to any views of the Council in deciding whether or not to carry out that deregistration.

In regard to the removal of special protection under section 22(7), provision has already been made for mandatory consultation by the Minister with the Heritage Council. Furthermore, the amendments I will be moving will make it clear that as part of these consultations with the Heritage Council, the council will be able to consult with any public body or persons it considers appropriate. We believe this is really important. It already made a commitment that it will report on the matter of the Heritage Council consultation within at least five years of this Bill's enactment. For those reasons, I am not in a position to accept this amendment.