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

I move amendment No. 108:

In page 43, line 38, after “integrity” to insert “, community”.

Following a commitment I made during the Bill's passage through the Seanad, amendments Nos. 108 and 111 introduce "community value" to sections 14, 7 and 23 of this Bill. This will ensure community value is taken into consideration when deciding on entry of monuments into the register and when considering the application of special protection.

Amendment No. 110 is a drafting matter and a consequential amendment to the integration of cultural interest into the Bill. The amendment ensures consistent use of the "relevant interest" terms used throughout the Bill, in this case in relation to the matters to be considered when deciding whether to apply special protection to a monument.

Amendment No. 120 provides a safeguard under section 24 to ensure that where special protection is deemed to apply to a monument in the ownership of a local authority and a map is to be used to expressly state the extent of the monument in a notice to the public, the consent of the Minister must first be sought in order for the map to be used for that purpose.

In respect of amendment No. 127, a comma is missing after "in" in paragraph (d). I propose to amend this paragraph to include a comma. Section 28 is a very important addition to powers regarding the protection of monuments. To recap on what I previously outlined, "general protection" as provided for under section 27 requires that works to a prescribed or registered monument can only be done under licence issued by the Minister, other than where a notice procedure has been complied with. Section 28 ensures, in contrast to existing systems under the National Monuments Acts, that even if the Minister does not assign special protection on receipt of such a notice, and it should be borne in mind that such protection would immediately impose a licensing requirement, notwithstanding the notice having already been given, the Minister may impose conditions governing and restricting how notified works may be conducted.

In that context, it is obviously essential that there be complete certainty that the Minister can impose the necessary and appropriate conditions. Following further review of section 28 as currently drafted, my Department has identified a number of improvements that should be made and this is the purpose of amendment No. 127. In particular, greater clarity is needed regarding powers to impose conditions that require the carrying out of a number of licensable activities, such as archaeological monitoring or other professionally conducted activities to avoid or mitigate any interference with the monument, and that such activities, and the actual works themselves, can be made subject to the kinds of conditions that may be attached to licences issued under section 151l. I reiterate the far-reaching improvement that section 28, even as it stands, represents in heritage protection. The revised provisions will clarify and strengthen further this important part of the legislation.

Amendments Nos. 128 and 136 are technical amendments required so that subsequent amendments, namely, amendments Nos. 134 and 142, can make it expressly clear that an exemption cannot be granted if the class of works concerned prevents access by members of the public to a monument.

Under section 135, special protection is deemed to apply to wrecks of 100 or more years old. Amendment No. 243 will also apply protection to registered and prescribed monuments situated underwater. This will ensure that section 135 better relates to section 136 in the context of activities that are prohibited at registered and prescribed monuments situated underwater.

Amendment No. 245 will replicate section 26(2) to avoid situations where another licensing authority would be required to obtain a licence under the Bill, for example, where the Environmental Protection Agency, EPA, which is the licensing authority for dumping at sea, would be required to obtain a licence if that dumping were in the vicinity of a historic wreck. Paragraph (b) of the new subsection provided by amendment No. 245will make it clear that the person proposing to dump material at sea would need both a licence from the EPA and a licence under the Bill, if that dumping were proposed to be in the vicinity of a wreck or an underwater monument.