Cian O'Callaghan (Dublin Bay North, Social Democrats) | Oireachtas source

On amendment No. 115, the Minister has said there is nothing to prevent a member of the public writing in. There is nothing to prevent someone with expertise doing that. However, section 22 is about the Minister deciding to apply or remove the application of special protection to a potential register action monument. Section 23(1)(b) states that the Minister, while deciding to remove, "shall consider the representations in writing (if any) made to the Minister by the owner". There is an obligation on the Minister to consider the views of the owner if he or she makes any written submission. There is nothing in the Bill about the Minister considering a written submission from an expert. The Minister is right that there is nothing to prevent the leading expert in the country on this particular monument writing to the Minister to give his or her view. However, there is nothing in the legislation to require the Minister to consider that view. The views of the owner should be considered and it is right for that to be part of the process and part of this Bill. However, if a leading expert chooses to write to the Minister, why is there no legal obligation on the Minister to consider that written submission? Why is there an obligation to consider only the written submission of the owner? There are people with great expertise and not to have an obligation on the Minister to consider their opinions alongside the written representations of the owner seems to me completely wrong. If what the expert is saying or what a member of the public is saying in a submission is not of particular interest, then so be it, but such views should at least be considered alongside the views of the owner.