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 wording would just mean that the Minister would consider the representations in writing, not just of the owner but also of members of the public. In order to arrive at the decision that something is not soundly based, we need to give it consideration. It is entirely appropriate for a Minister, if he or she gets a submission that is not soundly based, to consider it and say it is just wrong, the person does not know the facts, they do not understand, they say the thing is of exceptional archaeological significance but clearly it is not because there are thousands of them all over the country or whatever. That is all part of a process of consideration. I do not think it is onerous to include the public in the legislation in terms of the Minister considering representations in writing. I do not think the Minister of State has made the case that it is onerous, either. This legislation details how things work. It is fine to say they could write in but it is all invisible in the Bill. If they read the Bill, they have no idea what happens to anything they submit. They do not know if it will be considered by the Minister. Does it go into a black hole? The legislation is totally silent on that. Why be totally silent on this? If the Minster of State is saying it may well be considered, why not just put it in the Bill so there is clarity on it? Having the legislation be silent on this process whereby a Minister may consider something in writing but the public do not know because the Bill does not tell them is not a satisfactory way to do legislation, frankly.

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