Oireachtas Joint and Select Committees

Tuesday, 4 July 2023

Select Committee on Housing, Planning and Local Government

Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed)

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

As discussed in the Seanad, I believe the recommendation made to local authorities by way of guidelines made under section 167 of the Bill is a more appropriate, effective and practical way to pursue this matter. This is especially true given the advances in mapping technology and similar online resources. The Deputy may wish to note that I am introducing an amendment to section 167 that specifically references a power to issue guidance on local authority development plan objectives for the protection of archeological heritage. This is the primary reason I am not in a position to accept this amendment. However, I reiterate that the planning and development Bill would be a more suitable location for any new primary legislative provisions or policies relating to city and county development plans.

For the first time, specific references will be made to the National Monuments Acts in the context of development plans in the planning and development Bill. If the situation arises that the Historic and Archeological Heritage Bill 2023 is enacted before the proposed planning and development Bill, I would see those references in the National Monuments Acts, replaced with references to registered monuments as provided for under section 14 of this Bill. In any event, there are clear drafting errors and difficulties with the amendment as proposed, in particular, the reference to protected monuments and a record of protected monuments, the establishment and legal status of the latter not being provided for anywhere. Given what I have noted, I hope the proposed amendment will be withdrawn, but in any event, I oppose it.

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