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

The issue is that the Heritage Council can look for that. What could happen, especially considering we do not know how many archaeologists or historians are employed by the Heritage Council so we do not know the level of expertise, is that even with the best will in the world, the Heritage Council could consult someone who may not be the leading expert in a particular field. That could happen. If the leading expert in that field writes to the Minister, why would we be opposed to the Minister having to consider his or her views? There could be knowledge in the community about the monument and its significance. There may be knowledge out there that is on a par with the owner's knowledge. Sometimes the person most knowledgeable about a monument may well be the owner, depending on his or her level of interest and the information he or she has been handed down. Sometimes that person will not be the most knowledgeable. It is correct that the Minister will be required to consider the views of the owner but why not be required to consider those other voices? I do not see how the Bill complies with Article 9.3 of the Aarhus Convention because there is no role for the public. The Minister of State might tell us how it is compliant with the Aarhus Convention when there is no role for public participation.

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